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HomeMy WebLinkAbout2018-02-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 8, 2018 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Jonathan convened the meeting at 3:04 p.m. II. ROLL CALL Present: Councilmember Jan C. Harnik Councilmember Kathleen Kelly Councilmember Gina Nestande Mayor Pro Tem Susan Marie Weber Mayor Jonathan Also Present: Lauri Aylaian, City Manager Robert W. Hargreaves, City Attorney 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 Tim Jonasson, Interim Director of Public Works Frankie Riddle, Director of Special Programs Stephen Y. Aryan, Risk Manager John Cortez, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Lt. Matt Martello, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Rocha, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2018 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. 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 Jonathan adjourned the meeting to Closed Session of the City Council and Successor Agency at 3:06 p.m. He reconvened the meeting at 4:03 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Hargreaves reported the Successor Agency approved by unanimous vote an Exclusive Negotiating Agreement (ENA) with FS Ventures, LLC, for a potential surf park on one of the Desert Willow lot pads, and the agreement will be available to the public by tomorrow morning. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Sabby Jonathan VII. INVOCATION - Councilmember Jan C. Harnik VIII. AWARDS AND PRESENTATIONS A. PRESENTATION TO RECOGNIZE PAMELA WILLIAMS FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS CULTURAL RESOURCES PRESERVATION COMMITTEE, 2015 - 2018. On behalf of the City Council, Mayor Jonathan presented an engraved crystal clock to Ms. Williams, honoring her years of service to the City and its Cultural Resources Preservation Committee. He said she was an integral and engaging member of the community and the City benefitted by her presence, and he hoped she would consider serving in one of the other Committees/Commissions in the future. Ms. Williams graciously accepted the recognition and thanked the City Council and staff for all they did, because they have been wonderful. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2018 IX. ORAL COMMUNICATIONS - B MR. BRYAN CLYMER stated he was with Ben Clymer's The Body Shop on Spyder Circle, Palm Desert. He invited the City Council to their 2018 Benevolence Car Give Away Event on Thursday, February 15 at 11:00 a.m. He provided a brief video of their 2017 event, including a photo of last year's winner. He said this will be their fourth year of giving away a vehicle to a Palm Desert resident. Mayor Jonathan and Councilmember Harnik thanked Mr. Clymer for his contributions to the community, stating it was so touching to see the recipients receive a vehicle, including the change it brought to their lives and those around them. MR. MIKE KASPERZAK, National League of Cities (NLC), noted he was former Mayor of the City of Mountain View and Past President of the League of California Cities, but more important, he's the new California Field Representative for the National League of Cities. He and his colleague Mike Nelson are out in California re-engaging and reintroducing the NLC to California cities. He said Palm Desert was a member up until 2012, at the tail end of the economic crisis, and he was here to invite and reintroduce the Council to the NLC. He said in March they will hold the Congressional City Conference in Washington, D. C., where everyone comes up to the hill and talks to their congressmen, senators, and members of the executive branch. The packet he provided to the City Council and City Manager outlines the conference educational programs that will be offered, including information on the NLC Prescription Discount Program and the Grant Access Program, which is a great and free opportunity for cities to search unique grant data bases. He welcomed the City Council and invited them to come back to the NLC in March. MR. DENNIS ZINK introduced himself as the new Principal at Palm Desert High School (PDHS), stating he came to formally thank the City Council for all it did for the children of Desert Sands Unified School District, specifically, the students at Palm Desert High School. Based on everything he has seen in the short time he's been at the high school, the relationship between the City and the school is absolutely amazing. He said if PDHS can ever do anything for the City, they were available. Mayor Jonathan congratulated Mr. Zink on his new position at Palm Desert High School and welcomed him to the City of Palm Desert. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2018 X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY A. Councilmember Jan C. Harnik Committee Reports and General Comments. 1. Coachella Valley Association of Governments (CVAG) - Transaortation Committee Meetina - 1) reported that on February 23, 2018, there will be a ribbon cutting for the Cathedral City segment of CV Link; 2) Autonomous Vehicle Demonstration on the CV Link during Coachella Fest in April 2018; 3) the Signal Synchronization Project is moving forward without the participation from the City of Rancho Mirage. She said this CVAG project is regional in its approach and hopefully the City of Rancho Mirage will get on board when they realize how great it can be to have all signals synchronized; 4) SunLine will be receiving significant funds that will be used for preventive maintenance currently required; 5) $3 million of Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds have been allocated for SunLine, which still needs to be approved by the Executive Committee, for the Quick Bus and rideshare programs. 2. Retired Senior Volunteer Proaram Luncheon - she and Mayor Pro Tem Weber attended this very inspiring luncheon where she learned that the volunteers provided 157,000 hours, which is 18 years, of donated hours just this year. Out of the top ten recipients, Palm Desert had five of the top locations, which are The Living Desert, McCallum Theater, Citizens on Patrol (COPS), Friends of the Desert Mountains, and the Joslyn Center. She said there was a lot to be said for the culture of the community and the volunteerism that happens. Mayor Pro Tem Weber concurred, stating it was uplifting to see so many people from Palm Desert, like the COPS and other organizations, being honored. She noted last week the City of Palm Desert held interviews for committees and commissions, adding that members are very valuable to the City and the City Council. B. Councilmember Kathleen Kelly Committee Reports and General Comments. 1. SunLine Grant - pointed out that the news reported Sunline received a grant for future purchase of hydrogen fuel cell buses, stating SunLine continues to be a leader in zero emissions for public transportation. 2. City of Palm Desert Study Sessions - reported that the City recently held a study session for goal setting for the next financial year, including one today on economic development. In both cases, 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2018 members of the public were present and they shared they had learned a great deal, particularly, folks in closed circuit land. She wanted to feature that watching out for notices for study sessions of interest can be a great way to keep abreast of what is in the planning process. C. Councilmember Gina Nestande Committee Reports and General Comments. 1. Swina 'N Hops on El Paseo - attended the event this past Saturday, stating it was very successful and well attended. She thanked staff for doing a great job with the event. Mayor Jonathan thanked Tourism/Marketing Manager Thomas Soule and Management Analyst Amy Lawrence for all their work, and also FG Creative for working hard on this event. He liked the changes that were made allowing people to wonder around and not locking them into one area. 2. Coachella Valley Association of Governments (CVAG) - Energy & Environmental Resources Committee - reported there was a new company in town called GRID Alternatives. She said they will supply free solar panels to households that meet their income limits. For example, a family of four that makes $53,000 or less would qualify for this program with no out-of-pocket expenses. They also work with the developer of cities' affordable housing projects. They will meet with a developer and inform them if their project can benefit from the solar panels and assist with grant funding as well. D. Mayor Pro Tem Susan Marie Weber Meeting Summaries Report. With City Council concurrence, Mayor Pro Tem Weber's Meeting Summaries Report was received and filed. E. Mayor Sabbv Jonathan Committee Reports and General Comments. 1. International Holocaust Remembrance Dav - thanked staff for putting the event together, however, there may have been a communications disconnect and perhaps not all Councilmembers were apprised of it. The best part of the event, because it's a pet project he's been working on, is they had more than 100 students participating in spite of school being off that day; it was an in-service day. Palm Desert High School Principal Dennis Zink and some of his students attended, and about 60 students from Sacred Heart. For next year, the event will be scheduled on a school day, in order to have more students come out to hear from actual Holocaust survivors. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2018 2. Audit Financial Reports - noted that under the Consent Calendar there is an item on the audited reports, but he didn't want to overlook that at the last Audit, Investment & Finance Committee meeting, the City's auditor presented the audited reports, and the City is expected to receive the Certificate of Achievement for Excellence in Financial Reporting, which the City typically receives, and he would expect to continue receiving it. It's one of those areas that, if not attended to, can have an extreme adverse effect on the City, and it's gratifying to know that Director of Finance Janet Moore and her team will not let it happen. He thanked Ms. Moore and her team for a job well done. 3. Coffee with the Mayor - announced that the City has a Coffee with the Mayor Event on the second Thursday of each month from 8:00 a.m. to 9:00 a.m., and they feature different locations in the City; it's an opportunity for the public to directly engage with their elected officials. The first one was held at Desert Willow, noting that Kemper Sports did a great job of hosting that event. This morning's event was at the National Monument on Highway 74, and Ms. Tammy Martin did an outstanding job of hosting. Most importantly, residents are showing up and are very complimentary over the things that are going well, but they also share areas of concern, which are valid and important. The next one is scheduled for March 8 at Hotel Paseo. 4. State of the City Luncheon. March 1. 2018 - announced that the Chamber of Commerce will soon be sending out information on it. He said this event typically sells out, so he encouraged everyone to purchase their tickets early. F City Council Requests for Action. 1. Consideration for an Economic Development Standina Ad Hoc Committee to initially address the iHUB. The vision he has is for the committee to be handed assignments when there are projects appropriate for it, and only meet when there is a need. Further, he suggested two Councilmembers and staff be on that committee, and the membership be rotated, depending on the issue. For example, if the subject is on the iHUB, it may have someone like Joe Wallace on it, etc. He said a standing ad hoc committee could help the City Council with issues on a broader sense on economic development and not the subsets of marketing and other issues addressed by other committees. Councilmember Kelly stated that establishing a "standing" ad hoc committee muddied the water for her. As Mayor Jonathan featured the potential iHUB as a central priority right now, it may make more 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2018 sense to start by establishing an ad hoc committee for that instead of conceiving it broadly and then go from there. This way Council will see if it really wants a sequence of ad hoc committees directed toward different aspects of the City's Economic Development Plan, which is where it sounded Mayor Jonathan was headed. Therefore, calling it a single standing committee may not quite get to the vision Mayor Jonathan spoke about. Ms. Aylaian agreed to place this item on the agenda for full City Council consideration and discussion at the next City Council meeting. G. City Council Consideration of Travel Requests/Reports. None XI. STAFF REPORTS AND REMARKS A. City Manager 1. City Manaaer's Meetina Summaries Report for the Period of January 15 - 26, 2018. With City Council concurrence, the City Manager's Meeting Summaries Report was received and filed. 2. Ruth Ann Moore's Retirement -thanked and congratulated Ms. Moore on her 20 years of service and dedication to the City. B. City Attorney None C. City Clerk None D. Public Safety 1. Fire Department None 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2018 2. Police Department None XII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 25, 2018. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 12/31/2017, 1/12/2018, and 1/19/2018. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 1/5/2018, 1/12/2018, and 1/26/2018 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Domo Sushi, 73655 El Paseo, Suites L & M, Palm Desert. Rec: Receive and file. E. YOUTH COMMITTEE MINUTES for the Meetings of November 6 and December 11, 2017. Rec: Receive and file. F AUDITED City of Palm Desert Financial Reports for the Fiscal Year Ended June 30, 2017 (Joint Consideration with the Palm Desert Housing Authority). Rec: By Minute Motion, receive and file the audited Comprehensive Annual Financial Report (CAFR) for the City of Palm Desert, Fiscal Year Ended June 30, 2017. G. AUDITED Financial Reports for the Palm Desert Recreational Facilities Corporation for the Fiscal Year Ended June 30, 2017. Rec: By Minute Motion, receive and file the audited financial statements of the Palm Desert Recreational Facilities Corporation for the Fiscal Year Ended June 30, 2017. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2018 H. INDEPENDENT ACCOUNTANTS' REPORT on Agreed -Upon Procedures Performed on the Measure "A" Transportation Fund for the Fiscal Year Ended June 30, 2017. Rec: By Minute Motion, receive and file the Independent Accountants' Report on Agreed -Upon Procedures Performed on the Measure "A" Transportation Fund for the Fiscal Year Ended June 30, 2017. I REQUEST FOR APPROVAL of the Allocation of Successor Agency to the Palm Desert Redevelopment Agency (SARDA) Land Sale Proceeds to the City's Economic Development Fund. Rec: By Minute Motion, approve the allocation of funds received from the sale of SARDA properties to the City's Economic Development Fund - Account No. 4254430-4387500. J. REQUEST FOR APPROVAL of Information Systems Department Vendor List for Additional Equipment Replacement Purchases in an Amount Not to Exceed $50,000. Rec: By Minute Motion, approve the Information Systems Department Vendor List for additional equipment replacement purchases in an amount not to exceed $50,000 and authorize City Manager to execute any related documents — funds are available in the Equipment Replacement Fund, Account No. 5304190-4404000. K. REQUEST FOR APPROVAL of Econolite Control Products, Inc., as the Sole -Source Vendor of Traffic Signal Controller Equipment for the City of Palm Desert and Authorization for Purchase of Four (4) Cobalt Traffic Signal Controller Units in the Amount of $17,058.98. Rec: By Minute Motion: 1) Approve Econolite Control Products, Inc., Anaheim, California, as the sole -source vendor of traffic signal controller equipment for the City of Palm Desert through June 2022; 2) authorize purchase of four (4) Cobalt Traffic Signal Controller Units in the amount of $17,058.98; 3) appropriate $17,058.987 from the Unobligated General Fund to Account No. 1104250-4332500 - R/M Signals for this purchase. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2018 L. REQUEST FOR AWARD OF CONTRACT to Desert Air Conditioning, Inc., in the Amount of $34,431 for the Desert Willow Golf Resort HVAC Replacement Project (Contract No. C36540, Project No. 866-18). Rec: By Minute Motion, award/authorize: 1) Subject contract in the amount of $34,431 to Desert Air Conditioning, Inc., Palm Springs, California, for the Desert Willow Golf Resort HVAC Replacement Project; 2) Director of Finance to set aside an additional contingency in the amount of $15,000 for unforeseen expenses; 3) City Manager use of said contingency by means of a Change Order, should staff recommend it; 4) City Manager to execute subject agreement and all related documents, including any Change Orders; 5) Mayor to execute the Notice of Completion, upon satisfactory completion of said work — if aforementioned actions approved, funds will be available in Account No. 4414195-4332000 - R/M Desert Willow. M. REQUEST FOR AWARD OF CONTRACT for Professional Engineering and Design Services to Advantec Consulting Engineers, Inc., in an Amount Not to Exceed $51,875 for Traffic Signal Modifications, Interconnect Conduit, and Fire Station Advance Warning System Improvements (Contract No. C36710, Project No. 550-18). Rec: By Minute Motion: 1) Award subject contract for Professional Engineering and Design Services to Advantec Consulting Engineers, Inc., Irvine, California, in an amount not to exceed $51,875 for traffic signal modifications, interconnect conduit, and fire station advance warning system improvements; 2) authorize Mayor to execute said agreement — if approved, funds are available in the following project accounts: Traffic Signal Modification - Highway 111 at Parkview/Painters Path, Account No. 2134250-5000901; Traffic Signal Modification - El Paseo at San Luis Rey Avenue, Account No. 2344250-5000902; Interconnect System Improvement Project, Account No. 2134594-4400100; Fire Station 71 Advanced Warning System, Account No. 4004220-4400100. N. REQUEST FOR APPROVAL of the 2018 Paint El Paseo Pink Event and Road Closure - Saturday, October 13 (Desert Cancer Foundation, Applicant). Rec: By Minute Motion, approve: 1) Desert Cancer Foundation's Paint El Paseo Pink charitable walk on Saturday, October 13, 2018; 2) road closures on El Paseo between Highway 74 and Portola Avenue for the event. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2018 O. REQUEST FOR APPROVAL of the 2018 Palm Desert Century Bike Ride — Saturday, November 10 (Shadow Tour, LLC, Applicant). Rec: By Minute Motion, approve: 1) Shadow Tour's Palm Desert Century Bike Ride on Saturday, November 10, 2018, at University Park; 2) road closures at University Drive from College Drive east to west and southbound lane closure of College Drive between University and Frank Sinatra Drives; 3) temporary waiver of Palm Desert Municipal Code Sections: a) 11.01.140 - Amplified Sound in City Parks; b) 11.01.080(Q) - Prohibited Conduct Generally in City Parks - Vendor Sales; c)11.01.080(W) - Prohibited Conduct Generally in City Parks - Possession/Consumption of Alcohol in City Parks, pursuant to Palm Desert Municipal Code Section 9.58.040. Upon motion by Harnik, second by Kelly, and 5-0 vote of the City Council (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the Consent Calendar was approved as presented. XIII. CONSENT ITEMS HELD OVER None XIV. RESOLUTIONS A. RESOLUTION NO. 2018 - 09 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, WELCOMING ALL WHO CHOOSE TO LIVE, WORK IN, OR VISIT OUR COMMUNITY AND AFFIRMING THE CITY OF PALM DESERT'S COMMITMENT TO DIVERSITY AND INCLUSION. Ms. Carney recalled for the Council that at the January 11 meeting, it directed staff to prepare a resolution affirming and reinforcing the City's continued commitment to diversity and inclusiveness. The proposed Resolution reflects that request, and she thanked the City Council for its continued leadership in this area. In addition to the proposed Resolution, staff developed welcoming language to be used in requests for bids, equipment, projects, programs, application processes for volunteers or employment. Staff will also be creating signage for the City's bulletin boards where the City post its notices, and it will include a condensed version of the Resolution inviting all people and businesses to participate in their City. Councilmember Harnik stated she was very happy to see this item on the agenda. She offered, however, to add additional language to the third Whereas paragraph to read as follows: "Whereas, Palm Desert values all members of our community including, 'but not limited to,' all religions, 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2018 ancestries, and ethnicities, as well as people of any disability, gender, sexual orientation, immigration status, or gender identity." Mayor Jonathan noted the first Whereas Paragraph is not timeless, and since it will appear in other documents, he wondered if it was necessary or legally required, to be part of the Resolution, because he would like Council to consider eliminating it. Ms. Carney responded the Resolution is to reflect the City's commitment, and what he was considering eliminating was context; she said it was a flexible document. Mayor Jonathan suggested adopting the Resolution subject to Councilmember Harnik's suggestion to the third Whereas Paragraph, and eliminating the first Whereas Paragraph. He added that he was proud that the City was not only adopting a resolution, but also including some teeth into it and making it meaningful as well. Councilmember Harnik moved to waive further reading and adopt Resolution No. 2018-09, as amended by eliminating the first Whereas paragraph, and adding language to the third Whereas paragraph, specifically, "but not limited to." Motion was seconded by Kelly. Councilmember Nestande commented she wished everyone could just be recognized as human beings and not have to identify groups, and everyone should treat their neighbors as they would want to be treated. In other words, "love thy neighbor." Councilmember Kelly said her comments were related to the first Whereas paragraph, but she wasn't going to debate the point, but the problem with eliminating all descriptors today, is that it shuts the eyes and ears to the experiences of people who are suffering at the hands of others because of those descriptors. She thanked Councilmember Harnik for bringing this issue up, because its entirely important and consistent with Palm Desert's character to affirm the importance of all its citizens. Mayor Jonathan called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2018 XV. ORDINANCES A. For Introduction: 1. REINTRODUCTION OF ORDINANCE NO. 1334 - 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 (Annual "Housekeeping" Review and Update). Mr. Hargreaves noted this item reflects the annual updates that were before the City Council at the last meeting, and where one section was modified authorizing the Mayor to excuse absences for members of the City's committees/commissions. Therefore, the Ordinance is back for reintroduction. Councilmember Harnik moved to waive further reading and pass Ordinance No. 1334 to second reading. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). B. For Adoption: None XVI. NEW BUSINESS A. APPOINTMENTS/REAPPOINTMENTS TO THE CITY'S ESTABLISHED COMMITTEES AND COMMISSIONS. Mayor Jonathan noted there was an update with regards to Mr. Michael O'Keef's withdrawal for consideration. Ms. Klassen reported that each year, at the end or first of the year, Councilmembers review the roster of current applications on file in the City Clerk's Office and where they indicated choices for interview appointments, which were conducted at a study session on January 31. Recommendations for appointments and reappointments were provided and turned into a staff report that was presented to the City Council, with the exception of the Art In Public Places and Joslyn Center Board of Directors, as noted by Mayor Jonathan, where Mr. O'Keef withdrew his consideration. Mayor Jonathan stated that as a result of the withdrawal by, there will be additional vacancies. He said perhaps the City Council may have an opportunity to address them and make a decision on whether it wants to go 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2018 with other applicants that were interviewed or wait to fill those vacancies at a later date. Ms. Klassen offered to provide, on a quarterly basis, a list of applications on file, adding that Council was free to recruit in the interim for any remaining vacancies. Mayor Jonathan pointed out that Councilmembers often go before various groups, and he typically takes with him a stack of applications as handouts. He said there are plenty of opportunities to spread the word, and it has been productive. He went on to say the City Council was dependent upon its residents to be engaged and step forward to serve on the City's committees/commissions. He said members are very important to the Council, because it incorporates their recommendations into its thought process and into the final decision. Councilmember Kelly moved to, by Minute Motion, make appointments and reappointments to the various open positions and incumbent terms on the City's established Committees and Commissions, following interviews during the City Council Study Session scheduled for Wednesday, January 31, 2018, beginning at 8:00 a.m., and as noted in the supplemental staff report and at the meeting. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). Ms. Klassen noted the supplemental staff report was posted online with plenty of time for people to review it. Responding to question, she confirmed those being appointed and reappointed will be notified by mail, so there will be several letters for the Mayor to sign in the next couple of days. VII. CONTINUED BUSINESS None XVIII. OLD BUSINESS None 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2018 XIX. PUBLIC HEARINGS A. CONSIDERATION OF THE TABULATION OF PROPOSITION 218 BALLOTS AND CORRESPONDING RESOLUTION, CONFIRMING THE DIAGRAMS AND NEW INCREASED ASSESSMENT PROPOSED FOR ZONE 8, PALM GATE, OF THE CITY OF PALM DESERT LANDSCAPING AND LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2018-2019. Mayor Pro Tem Weber recused herself from this item and left the Council Chamber. Landscape Supervisor Randy Chavez recalled for the City Council that several months ago there was an issue with falling palms at the Palm Gate Landscape and Lighting District, which is underfunded. At that time, staff requested for the removal of all the palm trees. However, Council directed staff to come up with solutions to mitigate the issue before removing the palm trees. Shortly thereafter, staff reached out to property owners via email, telephone calls, written correspondence, including holding a meeting at City Hall. Additionally, staff sent out an informal survey to gauge property owners' interest in raising their annual levy, and 68% of the surveys received supported an increase, but the votes were evenly split between the basic and standard level of service. Therefore, staff came up with an integrated level of service that would increase the assessment to $300 annually. Formal ballots were sent out in December 2017, with a public hearing scheduled for today for the results. At this time, staff recommended opening the public hearing and accepting public testimony, then continue the item until the end of this meeting to allow for the ballots to be tabulated. He noted representatives from Willdan Financial Services, the consultants that sent out the formal ballots were available to answer questions. Councilmember Harnik inquired about the difference between basic and standard level of service. Mr. Chavez explained there were two costs involved, one was for $269 and the other one was for more than $300. The standard level would include more plant material and more frequency of maintenance, whereas the basic would be once a month maintenance of removing weeds. Basically, the difference was frequency of maintenance. Further responding, he said the surveys provided property owners with two options to consider, one was no change in the maintenance with an increase of $269.90 annually, and the other was a $350.00 a year option. When staff received the surveys back, the majority was in favor of an increase, but they were evenly split between the standard and the basic options. Therefore, staff decided on an 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2018 integrated option, which is closer to the standard level of service for $300 a year per property. Mayor Jonathan declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. JON MCGIHON, Daylily Circle, a resident of Palm Gate for 18 years, and a resident of Palm Desert for 43 years, stated this has been a blighted area for a long time. He noted he served on the committee to generate support from the neighborhood, and he and others are in favor of the increase assessment; they want to see this get done. Mayor Jonathan made the last call for ballots to be submitted to the City Clerk or make a change to a previous one. With no further testimony being offered, he declared the public hearing closed, directed staff to tabulate the Proposition 218 Ballots for Zone 8, Palm Gate, of the Landscaping and Lighting Maintenance District No. 1, and continued the agenda item until later in the meeting to allow for tabulation and reporting of results. Ms. Klassen noted she deputized Mr. Chavez to assist Willdan Financial Services in tabulating the ballots. Mayor Jonathan called for a recess at 4:55 p.m. and reconvened the meeting at 5:02 p.m. Mayor Jonathan recommenced the Public Hearing at 5:02 p.m. Ms. Klassen announced the Total Ballot Amount Submitted in Favor represented $2.400, and Total Ballot Amount Submitted in Protest represented $600. Therefore, the results are a No Majority Protest (Levy at Increased Assessment). Councilmember Kelly moved to waive further reading and adopt Resolution No. 2018 - 10, pursuant to the provisions of the Landscaping and Lighting Act of 1972, confirming the diagram and assessments for Fiscal Year 2018-2019 for the levy of proposed increased assessments for Zone 8, Palm Gate, within Landscaping and Lighting District No. 1, overruling all protests concerning the assessments, and levying the assessments confirmed herein. Motion was seconded by Harnik and carried by a 4-0 vote (AYES: Harnik, Kelly, Nestande, and Jonathan; NOES: None; ABSENT: Weber). 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2018 XX. ADJOURNMENT With City Council concurrence, Mayor Jonathaj djourned the meeting at 5:05 p.m. ATTEST: RA' ELCE D. IXS�SE ITY CLERK CITY OF PALM DESERT, CALIFOR A ) SABBY oNT—FIAN,MAYOR 17