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HomeMy WebLinkAbout2018-01-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 11, 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 Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Dan Talbot, Deputy Chief, County Fire Department/Cal Fire Jason Huskey, Chief, Palm Desert Police/Riverside Co. Sheriffs Department Lt. Matt Martello, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Rocha, Deputy City Clerk 1I1. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - 43900 San Pablo Avenue, Palm Desert Negotiating Parties: Agency: Lauri Aylaian/Ryan Stendell/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Kevin Kalman/Desert Recreation District Under Negotiation: x Price x Terms of Payment 2) Property: 73220 Highway 111 (APN 627-074-011), Palm Desert (Car Wash Site) Negotiating Parties: Agency: Lauri Aylaian/Martin Alvarez/City of Palm Desert Property Owner: Nick Conti 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 C. Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title of Position: City Manager With City Council concurrence, Mayor Jonathan adjourned the meeting to Closed Session of the City Council at 3:05 p.m. He reconvened the meeting at 4:01 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Jan C. Harnik 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 VII. INVOCATION - Mayor Sabby Jonathan VIII. AWARDS AND PRESENTATIONS A. PRESENTATION TO THE CITY COUNCIL BY QUEEN SCHEHERAZADE AND HER COURT AS AMBASSADORS OF THE RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL, FEBRUARY 16 - 25, 2018. Ms. Keanna Garcia, Queen Scheherazade, Ms. Sianna Gonzalez, Princess Dunyazade, and Ms. Caedwyn Lethlean, Princess Jasmine, each greeted the City Council and provided background on themselves, and personally invited them and all presentto visit the upcoming Fair, February 16-25, 2018. Mayor Jonathan noted many on the Council looked forward to participating in the parade, which will take place on Monday, February 19. B. PRESENTATION TO HONOR BOY SCOUT MANUAL BELANDRES FOR HIS EAGLE PROJECT ON THE BUMP `N GRIND TRAILHEAD BEHIND DESERT CROSSING SHOPPING CENTER. Mr. Manuel Belandres with Troop 1701 provided a PowerPoint presentation of his Eagle Project, which was done at the Bump and Grind Hiking Trail. The project included cleaning up the trail and installing three retaining walls and two signs. The purpose was to reduce erosion of rocks on the street and designate a left and right access to the Trail. He said the materials used came from Home Depot at a discounted price for a total of $400. He collected donations to recover the cost and received a total of $200 from hikers during his three-day project. He added that with the assistance of 15 Scouts and 12 adults, he was able to complete the project. The project came out of the need to make the trail he and his family personally used more safe, but to also benefit the community and the environment. Mayor Jonathan stated it appeared that Mr. Belandres was $200 short of meeting his fundraising goal. Therefore, he proposed contributing $100.00 of matching funds, so that the next hundred dollars raised can be matched by the City of Palm Desert. Councilmember Harnik moved to, by Minute Motion, approve a $100.00 donation of matching funds to Troop 1701 for the Eagle Project. Motion was seconded by Kelly, and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). Mayor Jonathan explained the City Council was so proud of Mr. Belandres, because many individuals approach the Council with what is not working or what is wrong, and that's okay, because the City wants to do a better job. However, what Mr. Belandres did was exceptional, because he looked at a 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 situation that needed fixing, rolled up his sleeves and gathered fellow Scouts and others to help with the project, and fixed the problem. He added that the Trail happens to be a resource that many utilize, so Mr. Belandres did the City such a favor, and the approach he took was very unique, which will serve him well. Councilmember Harnik thanked Mr. Belandres for his work, because visitors and residents, including herself, use that Trail. C. PRESENTATION TO THE CITY COUNCIL FROM THE 2017 NINE CITIES BLOOD DRIVE CHALLENGE. On behalf of the Live Stream Community Blood Bank, Ms. Carney presented the City Council with the award for having the highest turnout of any city in the Nine Cities Blood Drive Challenge, including cities much larger in population. She thanked the City Council for supporting staff and getting the word out for this very important cause, adding that every person that donated blood had the ability to impact three different people and likely save a life. D. PRESENTATION TO THE CITY COUNCIL FROM COACHELLA VALLEY VOLUNTEERS IN MEDICINE. Ms. Rosa Lucas stated she was a Family Nurse Practitioner at Eisenhower Medical Center, a current Board Member and Team Leader of the Street Medicine Project where they do homeless medicine with back packs on Tuesday nights. She noted she has been a Palm Desert resident for more than 25 years. The Mission of the Coachella Valley Volunteers in Medicine (CVVIM) is to provide family healthcare services to low-income adults living in the Coachella Valley who have no health insurance or are under insured, because everyone had the right to health care. She said they provide health education and wellness programs, homeless medical outreach, and community and social service referrals. A few days a week they assist with enrolling people in medical and other service. Most of the conditions they see are the same across the board in all communities. They include diabetes, high -blood pressure and cholesterol, which can all be managed with regular medical care, keeping people out of emergency rooms. There are more than 150 volunteers, physicians, nurses, nurse practitioners, psychologists, community workers, and only five are paid staff members. They service 4,500 patients a year, and since 2010, more than 25,000 people, pointing out that there are 30,000 people in the east part of the Valley who are uninsured. Their service area is from the windmills on the west to the Salton Sea, and they see people from every community, including Palm Desert. She invited the City Council to their 3' Annual Wine Lover's Auction at the Thunderbird Country Club on Saturday, February 17, stating the event raises about half their budget for the year. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 Mayor Jonathan thanked Ms. Lucas for all the good work she's doing in the Coachella Valley. He noted the City has an Outside Agency Funding Program and CWIM could apply for funds. IX. ORAL COMMUNICATIONS - B None X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY A. Councilmember Jan C. Harnik Committee Reports and General Comments. 1. Committee/Commission Applications - reported she sent the Application Form out to the Rotary Club, stating Councilmembers are involved in many activities where it can get the word out to solicit community members to apply for the City's committees and commissions. Responding to question, Ms. Klassen explained the City accepts applications year round, and even though the City Clerk's Department has already provided the City Council with a list of all current applications on hand, any new ones received between now and the date chosen to hold interviews, will be forwarded to Council. 2. Coachella Valley Association of Governments (CVAG) - she participated in a teleconference to adopt the recommended Project List for Active Transportation, and there are a couple in the Valley. One project is the CVAG - CV Link, in that they have advanced the CV Link Project funding from Fiscal Year 2019-2020 to Fiscal Year 2018-2019. 3. Habitat for Humanity Dedication of Two Veteran Homes in Palm Desert - she and other Councilmembers attended the dedication, stating it was so moving to watch the families receive these homes and for the community to come together to make this happen. 4. Live Well Festival - the event was outstanding, because it gives community members across the Valley an opportunity to find their pathway to health. B. Councilmember Kathleen Kelly Committee Reports and General Comments. 1. Annual Enerav and Water Resources Summit - reported she and Mayor Pro Tem Weber attended the summit, and the highlight for her was the panel on the Salton Sea. It reported real tangible progress in terms of State funding for construction of wetlands to provide a 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 habitat and reduce air contamination issues. There will be a bond on an upcoming ballot that is relevant to future funding, so she urged folks to stay educated on this issue to ensure their vote on that point is informed. C. Councilmember Gina Nestande Committee Reports and General Comments. 1. Meetinas with constituents - over the holiday break, she met with constituents on a variety of issues, reminding everyone that they can call City Hall to schedule a meeting with her. 2. Children's Discovery Museum - reported they are in need of volunteers. D. Mayor Pro Tem Susan Marie Weber Meeting Summaries Report for the Period of December 4 - 31, 2017. With City Council concurrence, the Meeting Summaries Report was received and filed. 1. Committee/Commission Gift Cards - shared that the City gave out its gift cards to members of the City's committees and commissions, and she's always amazed how grateful and thankful they are to the City. Yet in reality, the City Council values their service, because they bring their ideas and expertise to the table, so it was good to get the word out that the City is always recruiting. E. Mayor Sabbv Jonathan Committee Reports and General Comments. 1. Portola Avenue Interstate 10 lnterchanae - attended the public hearing that was held by the County, and he was pleased to hear the project was moving forward with construction and starting within the next two or three years. 2. Continuum of Care and Board of Governance - announced he was appointed to serve on the Board, which used to meet only four times a year, but it appears they will now meet more frequently. He said it will give the Valley a voice for the first time in overseeing $10 million in funding that comes through the Department of Housing and Urban Development (HUD) Fund, which goes to the County and then is disbursed. He thanked Ms. Riddle for making that appointment happen. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 F City Council Requests for Action. 1. Review of Anti -Discrimination Lanauaae - Councilmember Harnik shared that after the City participated in the Palm Springs Pride Parade, it struck her how many people said they were happy that Palm Desert took part in the parade. She said Palm Desert has always practiced inclusion, but sometimes the City needs to reassure and remind people of it. She requested staff review its bid and contract agreements, and if needed, include anti -discrimination language to those contracts, including being wary of doing business with anyone who didn't share that philosophy. Mayor Jonathan noted he had directed staff to prepare a resolution for consideration at a future meeting that supports the City's commitment to inclusion, fairness, and nondiscrimination, which was in conjunction with what Councilmember Harnik requested. G. City Council Consideration of Travel Requests/Reports. None XI. STAFF REPORTS AND REMARKS A. City Manager 1. City Manager's Meetina Summaries Report for the Period of December 4 - 22, 2017. With City Council concurrence, the City Manager's Meeting Summaries Report was Receive and file. 2. Schedule of 2018 Regular City Council Meetings - historically, the City has canceled the last meeting in July and the first meeting in August, and has juggled the meetings for the months of November to accommodate Thanksgiving, and on occasion made changes in September so that both staff and Councilmembers can attend the League of California Cities annual conference. She asked for feedback from the City Council on the proposed schedule, keeping in mind that if it needs to convene a special meeting, it will continue to do so. She went on to say that establishing a schedule in advance would allow staff to prepare applicants on any upcoming cases accordingly, inform the public, and allows for planning of vacations and travel for staff, Councilmembers, and interested residents. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 Mayor Jonathan commended Ms. Aylaian for bringing this item forward, because it will be very helpful to have an established schedule. He asked if a formal action needed to be taken. Mr. Hargreaves replied the City Council had a couple of options. One was to adopt a resolution and it needs to be placed on the agenda. Responding to questions, he said the Brown Act requires that the City Council establishes its schedule by resolution, and it may include an amendment to the Municipal Code saying City Council meetings are to be held on the 2nd and 4th Thursday of the month, except as otherwise directed. Further responding, he said the default would be what is in the Municipal Code, but Council will have the option at the beginning of the year of modifying the schedule on an as needed basis. Mayor Pro Tem Weber asked if the proposed schedule was posted on the City's website. Ms. Aylaian said it was not, stating staff was requesting City Council feedback at this time, but once a schedule is adopted, it will be placed on the City's website, the BrightSide Newsletter, and other media outlets. With City Council concurrence, staff was directed to return with the 2018 proposed schedule in the form of a resolution and place it on the next City Council agenda. 3. Personnel Updates: She congratulated and welcomed DuWayne Olson for being selected for the Building Inspector II position, and Tim Jonasson as the Interim Director of Public Works. Tim will be at City Hall three days a week, including at all City Council meetings and Study Sessions. He will be heading up the Public Works Department until the City completes its Classification and Compensation Study, establishes a salary, and then goes through the recruitment process for a permanent successor. B. City Attorney None C. City Clerk Ms. Klassen announced the following upcoming study sessions: 1. Economic Development Strategic Plan - January 25, 2018, at 2:00 p.m. in the Administrative Conference Room. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 2. City Council and City Manager Goal Setting - January 29, 2018, at 8:00 a.m. to 1:00 p.m. at Desert Willow Golf Resort. D. Public Safety 1. Fire Department None 2. Police Department Captain Huskey introduced the newly -assigned Assistant Police Chief Matt Martello, noting Lt. Coby Webb was promoted to Captain so she is now in Perris where she commands the Countywide Coroner's Bureau. Lt. Matt Martello shared he has spent most of his life here in Palm Desert, stating he started his career at the Palm Desert Substation. He said he still has the same passion and dedication to Palm Desert, adding that his kids have grown up here and is blessed to be able to serve this City. Mayor Jonathan welcomed Lt. Martello, stating he is looking forward to working with him and hopes he stays around for a while. He added that Lt. Martello has already begun his outreach in that he was at the Chamber of Commerce Breakfast on Tuesday. He asked that it be conveyed to Lt. Webb how much this Council appreciated working with her and sends its best wishes. XII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of December 14 and December 28, 2017. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 11/30/2017, 12/1/2017, 12/8/2017 - 2, 12/15/2017, and 12/22/2017. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrant Dated 12/15/2017 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by AC3 Restaurant & Bar, 45350 Larkspur Lane, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Country Club Liquors, 74495 Highway 111, Palm Desert. Rec: Receive and file. F APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Flor de Jalisco, 42215 Washington Street, Suite G, Palm Desert. Rec: Receive and file. G. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meetings of October 11 and November 8, 2017. 2. Cultural Resources Preservation Committee Meeting of February 28, 2017. 3. Marketing Committee Meeting of September 5, 2017. 4. Parks & Recreation Commission Meeting of October 3, 2017. Rec: Receive and file. H REQUEST FOR AUTHORIZATION to Reimburse Building Permit Fees in the Amount of $15,006.21 — Inspection Fees for the Villa Portofino Project (Comstock Crosser & Associates, Applicant). Rec: By Minute Motion, approve the request for reimbursement of building inspection fees to Comstock Crosser & Associates, El Segundo, California, for project numbers 17-72059 (4011 Via Carrarra) in the amount of $4,164.93; 17-72057 (4105 Via Tramonti) in the amount of $5,420.64; and 17-72058 (4105 Via Carrarra) in the amount of $5,420.64 - total refund requested of $15,006.21 for the Villa Portofino Project— if approved, funds will be available in Account No. 1100000-2220000. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 I. REQUEST FOR AUTHORIZATION for Executive Director to Convey Lot 81 of Tract Map 19074-1 (APN 622-250-008) from the Successor Agency to the Palm Desert Redevelopment Agency to the City of Palm Desert (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: 1) Waive further reading and adopt the following, approving conveyance of Lot 81 of Tract Map 19074-1 (APN 622-250-008) from the Successor Agency to the Palm Desert Redevelopment Agency to the City of Palm Desert by Quitclaim Deed via: a) Successor Agency Resolution No. SA -RDA 067; b) City Council Resolution No. 2018 - 01. 2) By Minute Motion, authorize the Executive Director to execute the Quitclaim Deed on behalf of the Successor Agency and the Mayor to accept the conveyance by Quitclaim Deed on behalf of the City. J. REQUEST FOR AUTHORIZATION to Reject Prequalification Package Submittal from Design -Build Entity and to Solicit Proposals from Professional Engineering and Design Firms for Design of the San Pablo Avenue Corridor Improvements Project (Contract No. C35520B, Project No. 691-16). Rec: By Minute Motion, authorize staff to: 1) Reject prequalification package submittal from the design -build entity for design and construction of the San Pablo Avenue Corridor Improvements Project; 2) solicit proposals from professional engineering and design firms for design of the San Pablo Avenue Corridor Improvements Project — funds are available in Account No. 4514342-4400100 - SARDA Bond Project Funds. K. REQUEST FOR RATIFICATION of the City Manager's Approval of a Contract with HR Green, Inc., to Provide Services in the Form of an Interim Director of Public Works (Contract No. C36630). Rec: By Minute Motion, ratify City Manager's approval of subject contract with HR Green, Inc., Corona, California, to provide services in the form of an Interim Director of Public Works. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 L. REQUEST FOR APPROVAL of Contract with Western Economic Services for Consulting Services Relative to the City of Palm Desert Community Development Block Grant (CDBG) 5-Year Consolidated Plan and Annual Action Plan (Contract No. C36640). Rec: By Minute Motion, authorize: 1) Mayor to execute agreement entering City into contract with Western Economic Services, Portland, Oregon; 2) expenditure of funds in the amount of $32,435, as follows: a) Community Development Block Grant (CDBG) Funds, Account No. 2204800-4388000 in the amount of $31,478; b) Professional Other, Account No. 1104132-4309000 in the amount of $957 — funds are available in the FY 2017-2018 Budget for Community Development Block Grant Fund, Account No. 2204800-4388000, and Professional Services Other, Account No. 1104132-4309000. M. REQUEST FOR APPROVAL of Agreement with Willdan Engineering and Planning for Swing Shift Code Compliance Staffing Services for Fiscal Year 2017-2018 in an Amount Not to Exceed $70,000 (Contract No. C36650). Rec: By Minute Motion: 1) Authorize an agreement with Willdan Engineering and Planning, San Bernardino, California, in an amount not to exceed $70,000 for temporary swing shift Code Compliance staffing services for the balance of FY 2017-2018; 2) authorize City Manager to execute any agreement to effectuate above action; 3) appropriate $70,000 from Unobligated General Fund to Account No. 1104470-4309000 - Professional Services for this contract. N. REQUEST FOR AWARD OF CONTRACT for the San Nicholas Community Garden Renovation Project to Horizon Professional Landscaping in the Amount of $62,000 (Contract No. C35610A, Project No. 997-18). Rec: By Minute Motion: 1) Award subject contract for the San Nicholas Community Garden Renovation Project to Horizon Professional Landscaping, Coachella, California, in the amount of $62,000; 2) authorize the Director of Finance to set aside an additional 10% contingency in the amount of $6,200 for the project; 3) authorize City Manager to execute the agreement — funds are available in Account No. 2334618-4400100 - Park Fund. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 O. REQUEST FOR APPROVAL of Proposal by John Cuevas to Paint a Design on the Set of Two (2) Traffic Signal Cabinets Located at Fred Waring Drive and Cook Street (Contract No. C36390A). Rec: By Minute Motion: 1) Approve the proposal by John Cuevas to paint a design on the set of two (2) traffic signal cabinets at Fred Waring Drive and Cook Street; 2) authorize staff to finalize negotiations of subject contract with John Cuevas and Mayor to execute same, subject to satisfaction of the City Attorney — monies are available in the FY 2017-2018 Public Art Budget, Fund 436. P REQUEST FOR APPROVAL of Proposal by Diane Morgan to Paint a Design on the Set of Two (2) Traffic Signal Cabinets at Fred Waring Drive and Deep Canyon Road (Contract No. C36390B). Rec: By Minute Motion: 1) Approve the proposal by Diane Morgan to paint a design on the set of two (2) traffic signal cabinets at Fred Waring Drive and Deep Canyon Road; 2) authorize staff to finalize negotiations of subject contract with Diane Morgan and Mayor to execute same, subject to satisfaction of the City Attorney — monies are available in the FY 2017-2018 Public Art Budget, Fund 436. Q. REQUEST FOR AUTHORIZATION to Waive Bid Irregularity and Award Contract for the Charger Turf Removal and Landscaping Project to Candyl Golf Group, Inc., in the Amount of $20,819 (Contract No. C36470, Project No. 960-17). Rec: By Minute Motion: 1) Waive bid irregularity; 2) award subject contract for the Charger Turf Removal and Landscaping Project to Candyl Golf Group, Inc., La Quinta, California, in the amount of $20,819; 3) authorize Director of Finance to set aside an additional 10% contingency in the amount of $2,081.90 for the project; 4) authorize City Manager to execute said agreement — funds are available in Account No. 4004650-4391503 - Capital Project Reserve. R. REQUEST FOR APPROVAL of Change Order No. 1 and Acceptance of Work for Contract No. C34370A — Joslyn Center Generator Project (Project No. 763-15) (California Building Evaluation and Construction, Inc., Anaheim, CA) Removed for separate consideration under Section XI I I, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 S. REQUEST FOR APPROVAL of Change Order No. 1 in the Amount of $12,038.46 to Contract No. C35600 - Janitorial Services at the Palm Desert Sheriffs Substation. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $12,038.46 to subject contract with Wurm's Janitorial Service, Corona, California, for additional janitorial services to the Palm Desert Sheriffs Substation; 2) increase contract amount by $12,038.46; 3) authorize City Manager to execute said Change Order — funds are available in Account No. 5104195-4369500 - Miscellaneous Expenses - Sheriff Substation. T REQUEST FOR APPROVAL of an Exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for the Sale and Consumption of Alcohol by the Ophelia Project at the Joslyn Center, 73750 Catalina Way. Removed for separate consideration under Section XI I I, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. U. REQUEST FOR AUTHORIZATION to Release Improvement Security for Parcel Map 36961 in the Amount of $31,680 for Off -Site Improvements to Dinah Shore Drive Related to the Fairfield Inn (ML Weiner & Associates Ltd., Applicant). Rec: By Minute Motion, authorize release of the improvement security for Parcel Map 36961 in the amount of $31,680 for off -site improvements to Dinah Shore Drive related to the Fairfield Inn. Mayor Jonathan requested Item R be removed for separate consideration and Mayor Pro Tem Weber requested Item S. Upon motion by Harnik, second by Nestande, and 5-0 vote of the City Council (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the remainder of the Consent Calendar was approved as presented. XIII. CONSENT ITEMS HELD OVER R. REQUEST FOR APPROVAL of Change Order No. 1 and Acceptance of Work for Contract No. C34370A — Joslyn Center Generator Project (Project No. 763-15) (California Building Evaluation and Construction, Inc., Anaheim, CA). Project Administrator Ryan Gayler noted the staff report and offered to answer questions. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 Mayor Jonathan recalled that when this project was first presented it seemed like a great idea to utilize this generator that wasn't being used by giving it to the Joslyn Center. However, staff learned it needed to be refurbished, costing almost the same as a new one, so the City decided to purchase a new one with the hope of splitting the cost. At this point, the City was now hitting on a quarter of a million dollars with Palm Desert carrying the entire cost. He asked if this was the end and final change order on the generator project. Mr. Gayler answered yes, stating he too, was glad to see this project completed. Mayor Jonathan said he just received word that the Cove Commission canceled its upcoming meeting, so it won't meet again until April. However, he would like to present this item to the Cove Commission to inform them on the status of this project, and that Palm Desert has contributed close to $250,000 toward a much needed generator that would operate as a cooling station in the event of a power outage, which is not available anywhere else nearby for residents of Palm Desert, Rancho Mirage, and Indian Wells. He said if they are moved and want to participate in the investment of this resource, it would be fine, if not, they should at least be informed about the current status and cost. Councilmembers Nestande and Weber concurred. Councilmember Kelly moved to, by Minute Motion: 1) Approve Change Order No. 1 in the amount of $33,378.41 to subject contract; 2) authorize transfer of $18,982 from contingency to base for the project; 3) appropriate $14,396.41 from Unobligated Fund 450 to Account No. 4504164-4400100; 4) authorize City Manager to execute Change Order No. 1; 5) accept the work as complete and authorize City Clerk to file a Notice of Completion for subject contract, with staff to take item to the next Cove Commission meeting. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). T. REQUEST FOR APPROVAL of an Exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for the Sale and Consumption of Alcohol by the Ophelia Project at the Joslyn Center, 73750 Catalina Way. Mayor Pro Tem Weber requested clarification on the four items listed, because only one of the events indicated it was for adults only. Also, it seemed odd to be having fundraisers where alcohol is being served with children present, even if the funds are for those children, and questioned if the Ophelia girls will be attending these events. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 MS. SUSAN FRANCIS, Executive Director of the Ophelia Project, thanked Council for the question, stating the event is for consumption of beer and wine for adults only, and the only time they would have any of the Ophelia girls at an event, which happens on occasion, is when they attend as "Ambassadors." As ambassadors, they are introduced to everyone in the audience, they welcome people and thank them for coming to the fundraiser, and then they leave the event. This is done with permission in advance by their parents, the school, and teacher. Councilmember Harnik moved to, by Minute Motion: 1) Approve an exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - at the Joslyn Center, 73750 Catalina Way, for various events by the Ophelia Project in 2018, as outlined in the accompanying staff report; 2) authorize City Manager to sign the Daily License Application from the California Department of Alcoholic Beverage Control for these events, as required. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). XIV. RESOLUTIONS A. RESOLUTION NO. 2018 - 02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF PARCEL NO. 37320 (Paragon Commercial Group, Applicant). Sr. Engineer/City Surveyor Ron Moreno noted Parcel Map No. 37320 is located on the southeast corner of Highway 111 and Fred Waring Drive, also known as the Walmart Shopping Center. The map creates a new 0.18-acre parcel for retail purposes within the existing neighborhood district. He said the parcel map was approved by the Planning Commission on October 17, 2017, adding that the map conforms to the requirements of the Subdivision Map Act and City ordinances. Councilmember Kelly moved to waive further reading and adopt Resolution No. 2018 - 02. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). XV. ORDINANCES A. For Introduction: None B. For Adoption: None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 XVI. NEW BUSINESS A. REQUEST FOR APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH BARRISTER PROFESSIONAL SERVICES, LLC, IN AN AMOUNT NOT TO EXCEED $100,000 TO PERFORM BACKGROUND CHECKS FOR CANNABIS REGULATORY PERMIT APPLICANTS (CONTRACT NO. C36660). Principal Planner Eric Ceja stated staff was requesting to enter into a contract with Barrister Professional Service to perform background checks on applicants applying for a Cannabis Permit, which is part of the application process. The City will require applicants to provide a deposit for the cost of the service. Mayor Jonathan noted this item was for the purpose of establishing a fee structure for Cannabis permits/applications, and the $100,000 is the amount not to exceed. Mr. Ceja concurred. Councilmember Harnik moved to, by Minute Motion: 1) Waive bidding requirements in accordance with Palm Desert Municipal Code Section 3.32.090 "Exemptions"; 2) authorize an agreement with Barrister Professional Services, LLC, Redlands, California, in an amount not to exceed $100,000 to perform background checks for the City's initial Cannabis Regulatory Permit process; 3) authorize City Manager to execute said agreement; 4) authorize staff to estimate revenues to the Cannabis Fund in the amount of $100,000, which will be deposited by commercial cannabis applicants, and appropriate $100,000 in the Cannabis Fund for the purposes of conducting background investigations. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). B. REQUEST FOR APPROVAL OF THE 2018 CITY COUNCIL LIAISON ASSIGNMENTS ROSTER. Ms. Klassen noted she provided the City Council the information from the assignments that were on the books as of the end of December, and with the Mayoral change, staff adjusted those positions that were for Mayor and Mayor Pro Tem. She said Mayor Jonathan had her contact all Councilmembers for their choices and if they wanted to relinquish any positions or be considered for another, and those choices were incorporated in the proposed City Council Liaison Assignment Roster. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 Mayor Jonathan said he believed all requests were honored, and went on to discuss each of them as follows: CVAG TranDortation Committee - Councilmember Kelly requested to be the alternate, and Mayor Jonathan was happy to relinquish that assignment. Hotel & Sianature Events Committee - Councilmember Nestande requested to be on the committee, and Mayor Jonathan said he was happy to accommodate that request. Oversiaht Board to the Successor Agency - Mayor Jonathan said he had suggested direct representation and Mayor Pro Tem Weber agreed to be that representative, stating she's been attending the meetings anyway. Southern California Association of Governments (SCAG' - Mayor Jonathan noted the normal assignments are Mayor and Mayor Pro Tem, however, he recognized Councilmember Harnik has represented the City well there and wondered if she wanted to continue. Councilmember Harnik explained she was already appointed through the Riverside County Transportation Commission (RCTC). Councilmember Kelly recalled being the SCAG Delegate as a brand- new Councilmember and it was very beneficial and educational to her. Therefore, she wondered if Council wanted to specify that the assignment was typically for the Mayor and Mayor Pro Tem and/or leave it open. Ms. Klassen added that SCAG was contacting her about the assignments because it was time to file the Form 700, and in her conversation with Mayor Jonathan, he felt it should be the Mayor and Mayor Pro Tem. However, both Councilmembers Kelly and Nestande both offered to be the delegate. It hasn't always been the Mayor and Mayor Pro Tem, stating it often depended on who was attending the conference. In the case when Councilmember Harnik was the Mayor, she was already participating on behalf of another entity and she couldn't do both, so the City had another Councilmember take that spot. Mayor Jonathan said he may have misunderstood, but it's wide open, and since Councilmember Kelly already had a history there and is developing an expertise in transportation, he was in favor of 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 Councilmember Kelly attending as the delegate with Mayor Pro Tem Weber as the alternate. YMCA Board Liaison - Councilmember Kelly was designated as the delegate, but the alternate was open. Councilmember Harnik volunteered to be the alternate. Mayor Pro Tem Weber moved to, by Minute Motion, approve the 2018 City Council Liaison Assignments List as proposed with the following modifications: SCAG - Kathleen Kelly as the delegate; YMCA Board Liaison (Ex-Officio), Jan C. Harnik as Alternate. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). XVII. CONTINUED BUSINESS None XVIII. OLD BUSINESS None XIX. PUBLIC HEARINGS A. CONSIDERATION OF THE ADOPTION OF AN EMERGENCY MEDICAL SERVICES (EMS) BILLING PROGRAM FOR COST RECOVERY IN THE CITY OF PALM DESERT (Continued from the meeting of December 14, 2017). Mr. Aryan recalled for the Council that this item had been previously reviewed with them during a study session, and today he would be providing a condensed version of that presentation. He explained that in 1980 voters approved the passing of a Fire Prevention and Protection Services Tax to offset the cost of such services. This tax was originally set at $48 per parcel, and after 30 years, the tax was increased to $60 per parcel in 2009. The $60 tax is the maximum amount it can levy without voter approval. The City Council implemented several citywide goals this year, and one of these items is considered a program for Emergency Medical Services (EMS) Cost Recovery, which is to provide transport for patients. The program is similar to the one implemented by the cities of Rancho Mirage and Indian Wells earlier last year. He pointed out that the City of Palm Desert is the only city in the State of California that doesn't have an EMS Cost Recovery Program, and over the years these services have increased significantly. These services are about 75% to 80% of all service calls that the Fire Department responds to, and the cost has also increased that tax revenues don't cover the City's expense. This fiscal year alone, the Fire Fund, which primarily 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 consist of the County's Fire Tax, Proposition "A" Fire Tax, and the Cove Cities reimbursements, is about 78% of the $12.8 million Fire Services budget. Each year they have to transfer money from the General Fund, and this year alone that transfer was about $3.7 million. With the proposed billing program, there won't be any change in emergency medical response in how services are delivered. He said the Fire Department will continue to collect patient and insurance information as they currently do now, the only difference is that this information will now be provided to a third -party billing service the City selects to administer the program. This vendor will create the invoices, mail them out, handle all communications and administrative aspects of the program, but will not be handling any payments received. More important, there will be no out-of-pocket costs to residents. Staff conservatively estimates approximately $2 million in revenues and an annual vendor cost of $108,000. He said these estimates were driven by the number of patients transported each year. For City Council consideration this evening are two important components of the program, and that is the Write -Off Policy and the Fee Schedule. The Write -Off Policy is one that an organization would use to charge off or remove a customer's debt from its books instead of pursuing collection methods. The proposed policy characterizes three distinct customers, the first being Cove Community residents that include the cities of Indian Wells, Rancho Mirage, and Palm Desert, under the umbrella of the Joint Powers Agreement forming the Cove Commission. It allows to categorize all cities collectively as "residents." The other two categories would be nonresidents, and uninsured patients. It is not the intention of the program for residents to incur costs, but simply to recover expenses from insurance companies. Only nonresidents will receive a bill from the City as required under law for any amount not paid by the insurance. If no pay is received after 90 days, the City will not receive this debt and write it off. Uninsured patients will be eligible for a hardship waiver, and their account will be written off. Additionally, the proposed Resolution establishes the Write -Off Policy and it notes the following sentence: Accounts that have had no activity for 90 days will be deemed uncollectible at that time and will be written off as bad debt. As part of the recommendation this evening, staff wants to amend that sentence by removing the "bad debt" wording and instead state, "Accounts that have had no activity for 90 days will be deemed uncollectible at that time and will be written off." Responding to question, he agreed to make the change in the Resolution wherever it appears. With respect to the fee schedule, it was important to touch upon how the Fire Department delivers services. They operate under the Regional Fire Protection Program, and this means that the closest ambulance would respond, irrespective of whatever fire station it belongs to. Therefore, there could be ambulances from the cities of Indian Wells and Rancho Mirage responding to Palm Desert and vice versa. Because of this unique situation, staff recommended a uniform fee across all Cove Cities to eliminate confusion and increase efficiency of the program. The fee schedule was developed by analyzing both direct and indirect costs 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 associated with emergency medical services. He said staff recommended joining the other two Cove Community cities and enter into a Joint Powers Agreement with the Novato Fire Protection District to provide ambulance billing services. They are a nonprofit public agency with a ten-year history of providing ambulance services, and they currently provide services to numerous California fire agencies. Additionally, they are very familiar with reimbursement programs at the state and federal level that can benefit Palm Desert. Their staff is recognized as subject matter experts of these types of reimbursements programs, including medicare, and medical billing, and applies proven processes to maximize ambulance transport revenues for public agencies. He noted the Public Safety Commission reviewed this matter in October and recommended approval for the program. He offered that staff doesn't want to place the City into any type of adversarial position to collect debt from economically disadvantaged individuals, especially those that may concurrently be experiencing serious health challenges. He believed staff was proposing a program that not only increases revenues to pay for services that are annually increasing in cost, but it does so without negatively affecting residents, visitors, and those without health insurance. Councilmember Nestande questioned how the City determines whether a patient is a resident versus nonresident, in particular, second homeowners. Mr. Aryan explained that when a patient is transported, the Fire Department asks various health and insurance questions, including asking for the patient's address. Therefore, residency is based on the patient's answer to that question. Councilmember Kelly added that the staff report also indicates that if someone misunderstands and provides an incorrect address, they can revise their answer. Mayor Jonathan said the background analysis indicates that the levy of $60 has not been increased since 2009. He asked what it would entail for the City Council to revisit the levy amount and who is assessed, such as care facilities that perhaps should pay for room rather than for profit. Mr. Aryan believed it would require a vote by the voters, including a public hearing, and M. Hargreaves said it would require the City going through the whole Special Tax process. Mayor Jonathan asked if the original initiative contained a cost escalation or cost of living, etc. Mr. Hargreaves replied that it authorized an increase up to $60. The City started with a levy of $48 and raised it to $60 in 2009, stating that's as far as the City can go at this point. Further responding, he confirmed it would have 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 to be changed through a ballot measure, in that it's a property assessment, and it's assessed uniformly per parcel. He said the City has other options, such as trying to collect from care facilities. Mayor Pro Tem Weber asked for clarification, in that the service was for fire and not for what Council is talking about here, because the perception by the public was that it covered ambulances, but it was discovered that it did not. Mr. Aryan stated the tax was labeled Fire Prevention and Protection Services, and the leaders at that time, couldn't have imagined that 80% of that service included emergency medical services. Mayor Jonathan stated that in terms of emergency response, staff has looked at some of these care facilities that have a much more intense and voluminous use of emergency response and are not being billed proportionately to that usage. Mayor Pro Tem Weber added it's what triggered the City to change its method for recovering the cost, because insurance companies cover medical transportation, but the City kind of slid into it with the $60 fee by virtue of having transportation covered with the City's Fire. Mayor Jonathan said he did not want to belabor this, and perhaps at some other time, staff could at least explore the issue to make sure changes are not warranted at this time. Mr. Hargreaves pointed out that the fees being discussed this evening are for transport, because some of the calls coming from some of the care facilities are for incidents that don't necessitate transport, which was an issue that needs to be addressed. Mr. Aryan noted there is a fee for non -transport that can be applied under the fee proposal. Councilmember Harnik recalled having a discussion about looking at ways to address those issues with assisted living and care facilities, which she believes the City needs to continue to explore. Mayor Jonathan agreed, stating there was another large facility opening up on Portola Avenue and Country Club Drive by the fire station. Mayor Pro Tem Weber stated she believed the proposed program will address the care facilities as well, because every single person will be asked if they have insurance and then the insurance company will be invoiced for the transportation, unless they have a fire. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 Mayor Jonathan declared the public hearing open and invited public testimony FAVORING or OPPOSING the Program. With no public testimony offered, he declared the public hearing closed. Councilmember Kelly appreciated the opportunity of being on the task force and saw the excellent work by staff in thinking through the details and dealing very sensitively with residents. The proposal assures that no resident will hesitate to pick up the phone when they actually need emergency services because of concerns over cost or payment. She is confident that as this program rolls out, steps will be taken to ensure members of the public understand what's happening. From the City's perspective, it's become clear that the current policy only benefits insurance companies and the federal government, because it's not City spending, its about foregoing the opportunity to make collections in a way that doesn't really accomplish anything for residents. It's a no-brainer to approve the program so that the City no longer subsidizes insurance companies and the federal government by declining to seek reimbursements that rightfully can be sought. She said this was well thought out and she appreciated staff's work in bringing this item forward. Councilmember Nestande concurred. Mayor Pro Tem Weber agreed, stating the task force worked out all the details, thanks to staffs presentation, and then the Public Safety Commission also took this item very seriously and asked questions to make sure all the sensitive issues were addressed and implemented in a practical fashion. Mayor Jonathan thanked staff for moving this issue along, stating he wished it had happened 45 years ago, but better late than never, because this was about $2 million of found money and the City has places where it can use it. Councilmember Harnik moved to, by Minute Motion: a) Approve a Joint Powers Agreement with the Novato Fire Protection District to provide emergency medical services billing services (Contract No. C36670A); b) approve the Business Associate Agreement with the Novato Fire Protection District to meet the Health Insurance Portability and Accountability Act (HIPAA) requirements (Contract No. C36670B); c) authorize the City Manager to execute said agreements, subject to finalization and any non -substantive modification by the City Attorney; d) budget estimated revenue of $300,000 for April - June 2018 and appropriate $20,000 for administration fees in Fund 230 - Fire Tax Fund; e) authorize the City Manager to take any steps necessary to effectuate the actions approved herein; 2) waive further reading and adopt Resolution No. 2018 - 03, approving the Emergency Medical Services Billing Program Fee Schedule and related Write -Off Policy, and the Fee Development Analysis prepared December 2017, with the amended language in the Resolution as noted at this meeting. Motion was seconded by Weber and carried by a 5-0 vote(AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 B. REQUEST FOR APPROVAL OF LANDMARK DESIGNATION FOR 73697 SANTA ROSA WAY (APN 627-102-024) (THE MILES BATES HOUSE) AS A LOCAL HISTORIC LANDMARK, Case No. CRPC 17-01(Successor Agency to the Palm Desert Redevelopment Agency, Applicant) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Mayor Pro Tem/Vice Chair Weber recused herself from this item, stating she was on the Board of the Historical Society of Palm Desert, and they have been working on this issue as well and left the Council Chamber. Mr. Grance stated the proposed Resolution is consideration for Historic Landmark Designation for the Miles C. Bates House located at 73697 Santa Rosa Way, which was designed by Walter S. White. Mr. White was an American modernist architect in industrial design who worked in the Coachella Valley in the 1950's. Walter S. White is considered by many to be Palm Desert's architect, having designed more than 65 structures here, many of which are still in existence. He is considered for his influence in early Palm Desert for his innovative roofing and window systems. Although Mr. White patented the innovative roof system that alternated the use of wooden dowels with complementary biconcave elements to achieve the unique wave shape, the Bates house is believed to be the only home in existence that used this system. Additionally, it appears that Mr. White considered the siting of the home in relation to the Santa Rosa Mountains in the distance, as the rolling roofline follows the profile of those southern mountains. It was important to note that the proposed landmark designation is for the Miles C. Bates residence only and not the apartments located in the rear. With the approval of the Landmark Designation, it comes with both benefits and restrictions. The benefits would be that the future owner would be eligible to participate in the Mills Act Program, which affords the owner some savings on property tax, and those savings are earmarked for the preservation efforts that are monitored on an annual basis. The restrictions are that any future owner would need to apply for a Certificate of Appropriateness if they anticipate any alterations or additions to the exterior of the building. In conclusion, he said the Miles C. Bates house is eligible for Landmark Designation by meeting the following criteria of the Palm Desert Municipal Code Section 29.40.010 C, D, and F. Subsection C embodies distinctive characteristics, or is one of the few remaining examples of style, type, period or method of construction or possesses high artistic value; subsection D represents the work of a master builder, designer or architect; and subsection F represents distinctive examples of community planning or significant development patterns, including those associated with different eras of settlement and growth, agriculture, or transportation. He offered to answer questions. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 Councilmember/Director Kelly asked if the Landmark Designation applied to the two rooms that were added to the main structure in 1973. Mr. Grance replied it would, because staff didn't want the exterior of the building altered in any way, but on the provision that if a future owner wishes to remove them, the City would support it wholeheartedly to gain restoration. Mayor/Chair Jonathan pointed out that the other consequence of the Landmark Designation is that it prohibits a future owner from demolishing the property. Mr. Grance agreed, but they could file to do so, however, they would have to remove the designation first. Removal of the designation would be a process that's outlined in the City's Ordinance, which requires going before the Historical Preservation Committee in a public hearing, and the Committee will make a recommendation that is forwarded to the City Council at another public hearing for its consideration. Mayor/Chair Jonathan noted staff forwarded an email to the City Council from Poppy Woody, who is the daughter of Walter S. White, the architect, in support of the Landmark Designation. Councilmember/Director Harnik asked about the next step if the Resolution is approved, because at Shadow Mountain it shows that it's a landmark. Mr. Grance replied the City will follow the same process as it has with the others, in that it would mount a plaque on the residence at a predetermined location selected by staff and Committee. Mayor/Chair Jonathan declared the public hearing open and invited public testimony FAVORING or OPPOSING the matter. MS. MERILEE COLTON, Secretary to the Board of the Historical Society of Palm Desert, urged the City Council to approve the proposed Resolution, stating they strongly believe this is a very important landmark to the City. She added that Walter S. White built more than 50+ buildings in Palm Desert that included a few commercial buildings, adding that not all would qualify for this activity, but that it enabled the Committee to recognize Mr. White as Palm Desert's architect, not only in the 1950's but also in the 1940's. MR. WAYNE LONGMAN, a Palm Desert resident for 17 years and a local real estate broker, stated he and his partner Ralph Haverkate have specialized in Mid-century Modern for 14 years, so this matter was of special interest to him. The point he wished to bring forward is that the property rights of the future owner are not inhibited by the designation. If for some reason, a person should find that there is a higher use of the property, it 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 meets the City's requirement, and the economic situation they find themselves in, is unattainable, they will probably apply for demolition of the property and the City is the last hope of resort for preserving the property. Legally, he wasn't sure what types of conditions would established for the City to deny it. He congratulated the City, staff, the committees, and Kim Housken for her efforts, in that it took 15 years to establish this item on the agenda, including Mr. Volker Welter from University of California, Santa Barbara (UCSB), who has identified Walter S. White as home grown Palm Desert Mid-century Modern Architect of the first rank. What needs to be done, in his view, is for the buyer to be aware of the costs and obligations of owning a historic property, and he didn't believe that work had been done to the extent needed. For example, a real estate investor has access to the appraisal, which identifies it as a rental property, and it suggests that with minimal repairs to make the home habitable, the City will allow it with a question. Once it's done, the owner can say that for economical reason he wasn't aware of the costs of rehabilitation or aware the City was going to apply code compliance issues, etc., which are not covered in an appraisal. He suggested the property be given an appraisal as a historic property by an expert in the field who will identify the current value of the property as such, including the repairs and upgrades that it will require. With this kind of information, and perhaps a report, it would update the current appraisal, providing real costs of bringing this property to bear. It would make purchasers more aware of the costs and obligations, and the City won't be faced with a claim that it was sold without the knowledge of what the problems are with the property. Additionally, it will give those visitors coming to Palm Desert for Modernism Week a good appreciation of what they are looking at, stating there will be thousands of people visiting the house, because people are extremely interested in Walter S. White. However, with the information provided and with the timing of the auction, there is no time to investigate it, and these people could be very good buyers. With no further public testimony offered, Mayor/Chair Jonathan declared the public hearing closed. Councilmember/Director Harnik moved to waive further reading and adopt Resolution No. 2018 - 04, reaffirming action of the Cultural Resources Preservation Committee, designating 73697 Santa Rosa Way, Assessor's Parcel No. 627-102-024, with Landmark Designation, in accordance with Palm Desert Municipal Code Section 29.40.010. Motion was seconded by Kelly and carried by a 4-0 vote (AYES: Harnik, Kelly, Nestande, and Jonathan; NOES: None; ABSENT: Weber). 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2018 XX. ADJOURNMENT With City Council concurrence, Mayor Jo . tha adjourned the meeting at 5:31 p.m. ATTEST: RAC L E D. LA3SE , ITY CLERK CITY OF PALM DESERT, CALIFORNIA SABB JOaTHAN, MAYOR 27