HomeMy WebLinkAbout2018-06-28MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 28, 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 3:06 p.m.
II. ROLL CALL
Present:
Councilmember Jan C. Harnik
Councilmember Kathleen Kelly
Councilmember Gina Nestande
Mayor Sabby Jonathan
Absent:
Mayor Pro Tem Susan Marie Weber
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
Andy Martinez, Admin. Sgt., Palm Desert Police/Riverside Co. Sheriffs Dept.
Grace L. Rocha, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2018
1) Property: NWC Highway 111/San Pablo Avenue
(APNs 627-096-004, -015, -016, and -019)
Negotiating Parties:
Agency: Lauri Aylaian/Martin Alvarez/City of Palm Desert
Property Owner: Village Complex LTD Partnership
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 Jonathan adjourned the meeting to Closed
Session of the City Council at 3:07 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.
None
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Councilmember Jan C. Harnik
VII. INVOCATION - Mayor Sabby Jonathan
VIII. AWARDS AND PRESENTATIONS
A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY,
JUNE 28, 2018, AS "CVWD CENTENNIAL ANNIVERSARY DAY" IN THE
CITY OF PALM DESERT.
On behalf of the entire City Council, Mayor Jonathan presented the
proclamation to Mr. Anthony Bianco, who represents Palm Desert on the
Coachella Valley Water District Board. He noted agriculture was the Valley's
second biggest industry, which was a credit to the water that is available and
all that CVWD did in that regard.
Mr. Bianco stated this Centennial Anniversary is very special because they
are recognizing something that's been in existence for 100 years in the
Desert. This day was about what the forefathers and founders did for the
entire Valley from Mecca to Palm Springs. Without their insight to bringing
water in from the All -American Canal and State Water Project, this Valley
would look very different, and the District is set up for another 100 years. He
added the District has some of the cheapest water rates in the State of
California and there is a good share of water available. He presented the
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2018
Mayor with a copy of their recently published book titled "The Story of the
Coachella Valley Water District." The book is online for free or $15.99 for a
hard copy.
B. PRESENTATION OF INFORMATIONAL REPORT TO THE CITY COUNCIL
BY PALM DESERT CHARTER MIDDLE SCHOOL ON ITS PANTHER 5K
EVENT.
Assistant Principal Chris Geyer said he came to brag about the incredible
students at PDCMS and the Panther 5K Event. First, this event couldn't
happen without the grace of God, the support of the City of Palm Desert, the
PDCMS Foundation, the Parent Teacher Organization (PTO), parents,
teachers, and the student volunteers. The Authors, Athletes & Community
Action Triathlon is the only triathlon of its kind; it consists of writing, running,
and community service for a charitable organization. The event was inspired
by Dr. Scott Tinley, who is an author, two-time winner of the Hawaii Ironman,
and is a Hall of Fame Triathlete. He went on to describe the number of
participants, winners, and sponsors of this successful event, and he
displayed photographs and a video as well. He closed by again thanking the
City Council.
C. PRESENTATION TO THE CITY COUNCIL OF RECAP FROM THE 2018
FASHION WEEK PALM DESERT AND THE FOOD & WINE FESTIVAL BY
PALM SPRINGS LIFE.
Palm Springs Life Owner Frank Jones noted he and Director of
Sponsorships & Community Relations Michael Mathews were here this
evening representing Fashion Week on El Paseo and Food & Wine Festival.
He said booklets on both events were provided to the City Council, but this
evening he would be providing a summary recap. He offered to go over
details with the City Council at a later date if it so wished. Overall, the events
were a tremendous success. In terms of the numbers, attendance growth
was record setting with 13,000 attending Fashion Week alone. The out -of -
market attendance was 54% of the 13,000, which was good and heading in
the right direct. The economic impact of the event is on the up swing with
$4,950,000, which includes overnight stays, hotel rooms, and general
spends. They conducted a survey of the ticket holders by providing them
with a questionnaire, and they had more than 200 respondents. The results
indicated that more than 70% had overnight stays; 91% dined out; 80%
shopped or went to El Paseo, and 74% actually made purchases.
Additionally, a resounding 84% indicated they would return. Now the
statistics for the Food & Wine Festival are slightly different, but generally the
same. Attendance again was record setting with more than 5,000 attending,
and 68.2% came from out of the area, which is substantially higher than
Fashion Week, stating people tend to travel more for food. The economic
impact is on the rise with almost $2 million, pointing out that overnight stays
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were slightly higher than Fashion Week. Despite how well people were fed
at this event, 80% still dined out; 71 % actually made purchases, and almost
90% promised to return. They are fast at work planning for next year as they
already have a number of celebrity chefs signed up. Palm Springs Life will
be back in the fall to update the City Council about their progress going into
next year.
Councilmember Kelly inquired about the 12% that indicated they wouldn't be
coming back.
Mr. Jones responded they generally like to keep their dissatisfied percentage
at 5% or below, but in answering the question about whether they would be
returning, it just might mean people won't be coming back at that particular
time.
Mayor Jonathan commented it was an awesome event. He knew in the past
the City Council has had a study session, and if Council wanted one, staff
will reach out to Palm Springs Life to do it again. Speaking as someone who
doesn't appreciate the fine points of wine, the tent for spirits with tequila
tasting was a wonderful addition, so he hoped that will be considered for next
year as well.
IX. ORAL COMMUNICATIONS - B
MR. BRAD ANDERSON, Rancho Mirage, CA, approached the City Council
to talk about the Coachella Valley Mosquito and Vector Control District
(CVMVC) and West Nile. He believed West Nile is preventable, because all
one had to do was keep the mosquito count down to a manageable level,
considering what the people in the Coachella Valley pay for that service. He
noted he was a past employee of the CVMVC who was terminated from the
District for doing a very good job. He brought with him a small catch basin
or bubbler boxes for drainage to show that they can be installed incorrectly
or backward, thereby, retaining water longer than they should. He suggested
placing a screen on them, which brings the trap count down, although he
didn't have any scientific data to back it up. He said it's a small aspect of
what people in the City can do in monitoring mosquitos around their homes.
As far as the reporting of West Nile in Palm Desert and Indian Wells, again
when he worked for the District he wasn't allowed to go into neglected
swimming pools or sites that haven been seen in four or five months, which
might have made a difference. The District is proposing raising the
assessment rate, and a meeting will be held on July 11, at the Indio District
office, so if you are in favor or opposed, he suggested you attend.
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X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY
A. Councilmember Jan C. Harnik Committee Reports and General Comments.
1. Joslyn Center Board Meetina - attended in Councilmember Kelly's
absence. She announced that a Brain Boot Camp class is coming up
that was developed through University of California, Los Angeles
(UCLA); it's a 3-hour class. Its goal is to delay or prevent cognitive
disorders like dementia and Alzheimer. Another program they are
offering is the Aging Mastery Program, and they are entertaining the
idea of a Smoking Cessation Class.
2. Palm Desert Area Chamber of Commerce 64th Annual Business
Awards - announced that General Manager Gil Reyes won Emerging
Leader of the Year. She said it probably wasn't a surprise to anyone
who has dealt with Mr. Reyes. She added Hotel Paseo was ranked
ahead of the Ritz Carlton in a survey done last month, and the scores
for the last 12 weeks showed Hotel Paseo as No. 1 against eight or
nine other competitors across the Valley. The hotel is doing well and
making the City proud, stating it all had to do with customer
satisfaction.
B. Councilmember Kathleen Kelly Committee Reports and General Comments.
1. Desert Community Enerav (DCE1 - this new system will become
available as a source for slightly lower and slightly greener power,
starting August 1. The main point is that the system is on schedule
to launch August 1, and by now all Palm Desert residents should have
received a letter in the mail which gives an explanation about the
program, and it will provide the website and telephone number to get
questions answered. More, importantly, the opportunity to opt out if
residents want to continue to have Southern California Edison (SCE)
supply the power. In either case, everyone will still get their bill from
SCE. She explained that half of that bill will still be paid to SCE to pay
for the infrastructure that delivers the power. This effort was made to
provide residents more flexibility and choices.
C. Councilmember Gina Nestande Committee Reports and General Comments.
1. Convention and Visitors Bureau (CVB) - noted the City Council had
a one -hour study session with the CVB, and they are tasked with
bringing conventions and visitors to the Valley for the purpose of
economic growth. She attended an event last week called Global
Ready India, and the organization over the last five years has steadily
increased spending with International Travel. This particular seminar
focused on the Country of India, Europe and other places. They
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really believe India is the next place for a huge growth market.
Statistically, they currently have 1.3 billion people and 50 million of
them travel. The medium age is 29, and they like to spend a lot of
money and enjoy traveling April through July, at a time when June
and July are quiet months here in the Valley, so it would be great to
tap into this market. She looked forward to talking to Tourism and
Marketing Manager Thomas Soule and the CVB to look into this
International Travel.
D. Mavor Pro Tem Susan Marie Weber Meeting Summaries Report for the
Period of May 25 - June 15, 2018.
With City Council concurrence, the Meeting Summaries Report was received and
filed.
E. Mavor Sabbv Jonathan Committee Reports and General Comments.
1. The BrivhtSide Newsletter - called attention to the City's bi-monthly
newsletter. He was reminded how useful and comprehensive this
document is. He complimented Information Officer David Hermann
who single-handedly puts it together every couple of months. As a
resident of Palm Desert, you will learn about all the cool things
happening in the City, and on the back of the newsletter, is the
information on the Desert Community Energy (DCE). He said the
DCE system is a great way to save a little bit of money on your bill,
but also an opportunity to upgrade to more green energy. You can
also opt up, which he did earlier today. He noted that for the same
price your paying SCE now, you can go up to 100% carbon -free
energy, adding the DCE was all about having choices.
2. Fourth of Julv Celebration - announced that the actual fireworks go off
at 9:00 p.m. at the Palm Desert Civic Center Park. He encouraged
everyone to arrive early as there will be seven food trucks this year,
a wonderful live band, and there is no charge to attend. He thanked
the City of Indian Wells for contributing funds to make it happen.
F City Council Reauests for Action.
None
G. City Council Consideration of Travel Reauests/Reports.
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 2018
XI. STAFF REPORTS AND REMARKS
A. City Manager
1. City Manager's Meeting Summaries Report for the Period of
June 4 - 15, 2018.
With City Council concurrence, the Meeting Summaries Report was received and
filed.
2. Mark Diercks' Retirement -congratulated and thanked Transportation
Engineer Mark Diercks' on 17 years of great service to the City. Today
is his last day, stating he has been a stellar and knowledgeable
resource and made a difference for those who chose to drive,
bicycle, or walk in the City of Palm Desert.
3. Award of Excellence - announced that Principal Planner Eric Ceja
received the Award of Excellence this year from the Palm Desert Area
Chamber of Commerce. Everyone is very proud of the work he's
done in the past year and she thanked him for it.
B. City Attorney
None
C. City Clerk
None
D. Public Safety
1. Fire Department
None
2. Police Department
None
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XII. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 14, 2018.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
Dated 5/31/2018, 6/1 /2018, and 6/8/2018.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrants Dated 6/8/2018 and 6/15/2018 (Joint Consideration with the
Palm Desert Housing Authority).
Rec: Approve as presented.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Haus of Pizza,
72795 Highway 111, Suite G2, Palm Desert.
Rec: Receive and file.
E. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Parks & Recreation Commission Meeting of April 3, 2018.
2. Public Safety Commission Meeting of April 11, 2018.
3. Youth Committee Meeting of April 9, 2018.
Rec: Receive and file.
F. LETTER OF RESIGNATION from Wade Tucker - Housing Commission.
Rec: Receive with very sincere regret.
G. REQUEST to Accept Resignations of Ten (10) Palm Desert Youth
Committee Members and Appoint Eight (8) New Members to the Resulting
Vacancies.
Rec: By Minute Motion: 1) Accept the resignations of Palm Desert Youth
Committee Members Matthew Chang, Isaac Cho, Patricia Dan,
Olivia Frary, Tacie Johnson, Clare Kim, Tazz Ross, Jenny Schwartz,
Uriah Shaw, and Daria Wood; 2) appoint Marco Capobianco,
Alan Cho, Hailey Dewegeli, Savannah Duckworth, Erin Kulas,
Teana Ross, Jacqueline Scibona, and Todd Shaw to the Youth
Committee to fill vacancies in the terms of the former members (to
December 31, 2018).
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H. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and
Authorizing the Destruction of Paper Records that Have Been Digitally
Imaged from the Department of Building & Safety, to Rely on the Electronic
Record as the Official Record — Records from August 2016,
September 2016, and October 2016.
Rec: Waive further reading and adopt Resolution Nos.: 1) 2018 - 42 -
August 2016 Records; 2) 2018 - 43 - September 2016 Records;
3) 2018 - 44 - October 2016 Records.
I. RESOLUTION NO. 2018 - 45 - 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 — Closed Cases from 2016 (Exhibit "A").
Rec: Waive further reading and adopt.
J. REQUEST FOR AUTHORIZATION for the Information Systems Department
to Use the Vendor List for Technology Equipment Purchases in a Total
Amount Not to Exceed $150,000 for Fiscal Year 2018-2019.
Rec: By Minute Motion, approve the Information Systems Department
Vendor List for technology equipment purchases in a total amount not
to exceed $150,000 and authorize the City Manager to execute
agreements — all vendors have been selected through competitive
bidding procedures by the State or Federal Government — funds are
available in the Equipment Replacement Fund.
K. REQUEST FOR APPROVAL of the Fiscal Year 2018-2019 City -Produced
Events Authorized Vendor List.
Rec: By Minute Motion: 1) Grant an exception to bidding requirements, as
provided for in Sections 3.32.060 and 3.32.065 of the Palm Desert
Municipal Code, not to exceed $25,000 for any one vendor during
FY 2018-2019; 2) approve the FY 2018-2019 City -Produced Events
Authorized Vendor List.
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L. REQUEST FOR AWARD OF PURCHASE for 118,000 Pounds of Grass
Seed to Foster -Gardner, Inc., in the Amount of $125,507.20.
Rec: By Minute Motion, award purchase of 118,000 pounds of grass seed
to Foster -Gardner, Inc., Coachella, California, in the amount of
$125,507.20 — funds are available in General Fund Account
Nos. 1104610-4332001 - R/M Civic Center Park, 1104610-4337100 -
R/M Tri-Cities Sport Facility, 1104611-4332001 - R/M Parks,
1104614-4337001 - R/M Medians, and Account
No. 2764374-4332100 - R/M Haystack for the City's portion, and
Desert Willow Corporation will fund the balance.
M. REQUEST FOR AUTHORIZATION for Desert Willow Golf Resort to
Purchase Liquid Fertilizer Products from Crop Production Services During
Fiscal Year 2018-2019 in the Amount of $77,666.20 (Project No. 843-19B).
Rec: By Minute Motion, authorize the Desert Willow Golf Resort to
purchase liquid fertilizer products from Crop Production Services,
San Jacinto, California, during FY 2018-2019 in the amount of
$77,666.20 — contingent upon approval of the City's FY 2018-2019
Budget, funds will be available in Account No. 5204195-4803100 -
Course and Grounds Expenses.
N. REQUEST FOR APPROVAL of the 2018 Y-Be-Fit Palm Desert Challenge
on Sunday, October 7, 2018 (Family YMCA of the Desert, Applicant).
Rec: By Minute Motion, approve: 1) Y-Be-Fit Palm Desert Challenge
scheduled for Sunday, October 7, 2018; 2) proposed event route and
road closures; 3) temporary waiver of Palm Desert Municipal Code
Section 11.01.140 - Amplified Sound for the event.
O. INFORMATIONAL REPORT Related to Temporary Sales of Automobiles in
the City.
Removed for separate consideration under Section XIII, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
Mayor Jonathan requested Item 0 be removed for separate consideration.
Upon motion by Harnik, second by Nestande, and 4-0 vote of the City Council
(AYES: Harnik, Kelly, Nestande, and Jonathan; NOES: None; ABSENT: Weber), the
remainder of the Consent Calendar was approved as presented.
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XIII. CONSENT ITEMS HELD OVER
O. INFORMATIONAL REPORT Related to Temporary Sales of Automobiles in
the City.
Mayor Jonathan noticed a couple of months ago there was a used car sale
at the south east parking lot at the Westfield Town Center. He was
concerned about it because it didn't seem to represent the direction it was
going for the vision of the City. He said the staff report included some of the
history, but where did staff see this going in the future.
Principal Planner Eric Ceja replied that in the past, because it hasn't had
traditional auto dealers in the City, outside dealers have been allowed to
come in where there is sufficient parking availability like at Westfield and
Walmart to bring vehicle stock for citizens to purchase vehicles. In the past
aesthetics was looked upon, and site planning is always reviewed for
adequate vehicle and emergency access, and they will continue to do so.
Mayor Jonathan asked what would be the procedure if Council wanted to be
apprised ahead of time if there are potentially sensitive applications,
particularly those that might be in conflict with the City's vision for the future.
Further, how does the City implement a procedure where it's not looking at
a fait accompli, questioning if there was a methodology the City can
implement to ensure input is obtained before the permit is issued.
Mr. Stendell offered that currently permits are issued at staff level through a
Conditional Use Permit (CUP), and because he lived through the previous
history on this issue, he would prefer Council provide clear direction as to
whether it would like them at this location or not, because staff runs into the
same questions about the appropriateness of an event. He asked Council
to steer away from asking for data prior to issuing a permit, adding he rather
have Council provide staff with updated direction on the issuance of CUP
and they will implement accordingly.
Mayor Jonathan stated that from his perspective, he didn't think used car
events belonged on the Westfield property, particularly when visible from
Monterey Avenue and Highway 111.
Councilmember Kelly offered the opposite perspective, stating there is
nothing enheredly negative about a used car. As a matter of fact, people say
it's a wiser purchase, and the prevalence of leasing now means that many
high -quality vehicles are now available for sale as used cars. When she saw
the tent go up recently, she actually had a happy reaction, because it looked
like something was going to be happening in a space that is usually empty.
Also, that the event may attract people to do some shopping at the Westfield
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Center, but she was disappointed that it wasn't ponies. Her own perspective
is that in 2009, the City Council was influenced by an economic challenge.
The Center is still facing some economic challenges, so if there is something
that's tasteful and brings the potential dividend by causing more activity to
be present, she was all for it.
Mayor Jonathan clarified he didn't have an issue with used cars, stating he
has purchased used cars and probably will again; this was about the
Westfield Mall. He said staff and Council have been working hard to
enhance it, as they have reached out to Westfield, went to Las Vegas to
meet with them, and there is tremendous effort to bringing Westfield into the
21 ' Century. It is an old aging mall, utilizing the old model of retail, and
many are concerned about it. There are efforts to bring the mall into the 21 '
Century in an event -type of place that successful malls are transitioning into,
and having a used car event is a step backwards. There is nothing wrong
with used car lots, which is why there are zoned areas for them, but
Westfield is not a place for them.
Councilmember Nestande agreed, stating there is a used car sale every year
at Walmart and Sam's Club, which are more conducive areas for them.
Mayor Jonathan moved to, by Minute Motion, prohibit permits for used car lots at
the Westfield Town Center. Motion was seconded by Nestande.
Mr. Hargreaves recommended bringing this issue back as an agenda item,
stating Westfield Town Center may have input to offer.
Councilmember Harnik moved to, by Minute Motion, continued this item to the
meeting of August 23, 2018. Motion was seconded by Kelly.
Councilmember Harnik said it's not that Westfield is not generating revenue
for the City, because it is, so this is something that needs to be looked into.
She understands Council wants to evolve with the change of the Mall, but for
about two weeks out of the year that parking lot sits empty. She didn't know
who owned that specific parking lot, because they are broken up in parts;
Sears owns a part and Westfield owns another part. She agreed it needs to
be looked at aesthetically along with signage, but right now it may be
generating revenue for the City if its done well. She asked who was entitled
to the sale tax from those vehicles.
Ms. Moore explained it was based on the location of where the driver lives.
It doesn't necessarily mean that it comes to Palm Desert, it means that it
goes to Riverside County and then allocated accordingly.
Mayor Jonathan pointed out the staff report indicates there was $41,500
received by the City in 2016, and $48,155 in 2017.
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Ms. Moore agreed, stating because that sale occurred in Palm Desert, those
sales were attributable to Palm Desert. However, if someone purchases
outside of the City at another dealership, but lives in Palm Desert, the City
gets a portion of that as well.
Councilmember Harnik commented the City should hope there is a time
when it's absolutely inappropriate to have use car sales at Westfield, but until
that time comes, the City should deal with permits in an appropriate aesthetic
fashion.
Mayor Jonathan called for the vote and the motion carried by a 4-0 vote (AYES:
Harnik, Kelly, Nestande, and Jonathan; NOES: None; ABSENT: Weber)
XIV. RESOLUTIONS
A. RESOLUTION NO. 2018 - 46 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL
SUBDIVISION MAP OF TRACT MAP NO. 36793 (Palm Ventures PA-1, LLC,
Applicant).
Assistant Engineer Christina Canales stated the Resolution is to approve the
second phase of a two-phase tract map. Tract Map No. 36793 is located on
the northeast corner of Gerald Ford Drive and Portola Avenue. This map is
subdividing one parcel into 70 single-family residential lots.
Councilmember Harnik moved to waive further reading and adopt Resolution
No. 2018 - 46. Motion was seconded by Kelly and carried by a 4-0 vote (AYES: Harnik,
Kelly, Nestande, and Jonathan; NOES: None; ABSENT: Weber).
XV. ORDINANCES
A. For Introduction:
None
B. For Adoption:
None
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XVI. NEW BUSINESS
A. REQUEST TO RECEIVE AND FILE 2018 CLASSIFICATION AND
COMPENSATION STUDY FINAL REPORT, APPROVE THE PROPOSED
CLASSIFICATION SYSTEM, AND ESTABLISH A SALARY POLICY
UTILIZING THE 70T" PERCENTILE OF THE DEFINED LABOR MARKET.
Ms. Carney stated that in May 2017, the City Council approved a contract
with Koff & Associates to conduct a Comprehensive Classification and
Compensation Study, and the report before the Council represents the
culmination of both of those efforts. The report incorporated hundreds of
hours in research and interviews with all employees and managers, and all
other levels of the organization. Implementing this revised Classification and
Compensation Plan will allow the City to retain and attract a qualified and
talented workforce moving forward. It will also allow the City to pay a fair
wage and provide a significant savings on salary and benefits going forward.
She noted Ms. Alyssa Thompson, representing Koff & Associates was
available to answer questions.
Councilmember Kelly said it was her understanding that the implementation
method is intended to ensure current employees do not experience an
adverse financial consequence.
Ms. Carney said that was correct, and later in the agenda as part of the
budget, is a side letter from the Palm Desert Employee's Organization
(PDEO), which also spells it out.
Councilmember Kelly called attention to a sentence in Volume II, page 12,
where it states, "Overall, the differences between market base salaries and
total compensation indicate that the City's benefits package puts the City at
a less competitive advantage." This sentence caught her attention, because
as indicated by staff, the goal is to ensure the City is competitive when it
seeks to fill a vacancy. She asked if there will be follow up to look at the
circumstances that this sentence alludes to, to see if revisions are warranted.
Ms. Carney answered yes, stating staff will continue to monitor and work with
employees to see what the market and neighboring cities are doing. It's a
complicated question when we talk about benefits, and the most complicated
aspects of it are pension benefits. As you know, pension reform provides a
level -playing field for all new employees, but it doesn't provide a level -playing
field for what is called "classic members," people moving from agency to
agency. The City of Palm Desert's proactive action early on in the financial
and pension crisis when it reduced the City's pension formula in 2009 to 2%
at 55, other agencies weren't so quick to make that kind of change, which
took away their ability to reduce their formulas for employees who are these
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"classic members." While all new employees receive the same formula, the
City could be seeing a slight disadvantage to some cities, because of their
"classic member" pension formula. Over time, through attrition, it will correct
itself. She continues to believe that while some things may be on paper and
data, less competitive, Palm Desert offers other intangible benefits that
outweigh that issue. In fact, the City conducted interviews yesterday for
Director of Public Works, which is a significant position for the City, and
received highly qualified candidates who were interested in working for Palm
Desert for those intangible benefits it offers and the ability to work in this City.
Councilmember Kelly pointed out that this sentence refers to the City's leave
benefits, vacation, holiday, etc., as not being competitive, so does the City
intend to look at it comparatively.
Ms. Carney replied staff is always looking to see what other employers are
doing and how they are offering leave benefits, but that's also a changing
marketplace. She said Palm Desert and other cities are making changes
and negotiating with their employees, and in the future you will see
employers providing less generous leave benefits, especially when
comparing to the private sector. While neighboring cities have slightly more
generous leave benefits for tenure employees, they are making changes as
well. However, she didn't think it was making a big difference in the City's
ability to attract new employees.
Councilmember Kelly urged staff to be particularly alert around this issue
since the City paid for the study and it has made this advice. Ms. Carney
concurred.
Mayor Jonathan offered that the City has invested a great deal of time,
resources, and money in this project. He thanked Ms. Carney for doing an
amazing job in carrying the ball. He said the greatest asset this City has are
its employees, and it has been very fortunate to attract the best and
brightest, and the most committed and passionate employees that he's
observed. This was all about keeping that going, stating Council recognizes
how important it is and appreciates that was the goal and objective, but it's
something that will continue to be monitored.
Councilmember Harnik added this was a long time coming, and she knew it
was a difficult process, but now that the Classification and Compensation
Study is complete, some of those vacancies that were put on hold can now
be posted. She encouraged those interested to apply.
Ms. Carney agreed, stating the City was looking for engineers, analyst, and
office specialists.
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Councilmember Harnik moved to, by Minute Motion: 1) Receive and file final report
for the 2018 Classification and Compensation Study; 2) approve the proposed position
classification system; 3) establish a salary policy targeting the 70'h percentile of the defined
labor market for benchmark position salaries. Motion was seconded by Nestande and
carried by a 4-0 vote (AYES: Harnik, Kelly, Nestande, and Jonathan; NOES: None;
ABSENT: Weber).
B. REQUEST FOR AWARD OF CONTRACT TO IDEAPEDDLER, LLC, TO
PROVIDE MARKETING SERVICES FOR FISCAL YEAR 2018-2019
(CONTRACT NO. C37180).
Tourism & Marketing Manager Thomas Soule stated the City was required
to go out for a Request for Proposals (RFP) for the next fiscal year. The
RFP elicited 20 responses from around the Country with an excellent
showing. After a thorough review, the Marketing Committee met with the
three finalist agencies and unanimously agreed to recommend Ideapeddler,
LLC, for City Council consideration, and staff concurred with that
assessment.
Councilmember Harnik said she was fortunate enough to take part in the
selection process, and Ideapeddler gave such a clear, concise, and creative
presentation, making it easy for the Marketing Committee to make their
decision.
Councilmember Harnik moved to, by Minute Motion: 1) Concur with the Marketing
Committee's recommendation and award subject contract to Ideapeddler, LLC, Austin,
Texas, for marketing services from July 2018 through June 2019 in the amount of
$92,560.80, which includes $68,560.80 for marketing services plus reimbursement in an
amount not to exceed $24,000 for travel costs; 2) authorize the City Attorney to make
non -substantive changes to the contract and the Mayor to execute same on behalf of the
City —funds are available in Professional Other, Account No. 1104417-4309000 FY 2018-
2019. Motion was seconded by Nestande and carried by a 4-0 vote (AYES: Harnik, Kelly,
Nestande, and Jonathan; NOES: None; ABSENT: Weber).
C. REQUEST FOR APPROVAL OF PROPOSED SPECIAL EVENTS FOR
FISCAL YEAR 2018-2019.
Management Analyst Amy Lawrence stated this request is for approval of
City produced events for Fiscal Year 2018-2019. Attached to the staff report
is the worksheet that was presented to the City Council during the Budget
Study Session in May.
Councilmember Kelly moved to, by Minute Motion, approve/authorize: 1) Proposed
Special Events for FY 2018-2019; 2) City Manager to take any necessary action to facilitate
the Special Events, including adjustments to funding amounts or events, provided the total
does not exceed $202,000; 3) City Manager to execute any agreements associated with
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events, if applicable; 4) City Manager to award contract to a consultant to be determined
for production of the Swing 'N Hops Street Party in an amount not to exceed $56,000 —
funds for these purposes will be available in Account No. 1104416-4306101. Motion was
seconded by Nestande and carried by a 4-0 vote (AYES: Harnik, Kelly, Nestande, and
Jonathan; NOES: None; ABSENT: Weber).
D. REQUEST FOR APPROVAL OF PROPOSED SPONSORSHIPS FOR
FISCAL YEAR 2018-2019.
Management Analyst Amy Lawrence stated this item is a request for
approval of the City's sponsorship for Fiscal Year 2018-2019. Attached to
the staff report is the worksheet that was presented at the Budget Study
Session in May.
Mayor Jonathan stated the staff report is asking for authorization for the City
Manager to make minor changes to the proposed sponsorship list at her
discretion, and to approve miscellaneous sponsorships and vendors during
the fiscal year. It struck him as open ended in that he didn't know what minor
changes are, and they could be subject to interpretation.
Ms. Lawrence explained that the $30,000 miscellaneous sponsorships are
referring to the table sponsorships for the Nine Cities Challenge or United
Way that come before the City.
Mayor Jonathan said he was more concerned about approving the proposed
sponsorship list and later finding out that the City is actually sponsoring some
other list.
Ms. Lawrence said that under miscellaneous sponsorships is the First
Weekend events, such as the Live Well Festival, which is where the City
Manager would have the authority to approve $5,000 for that event.
Mayor Jonathan posed the question in a different way, in that these
organizations have an expectation that they will be funded as indicated, so
Council is not granting the City Manager discretionary authority to change it.
Ms. Lawrence said that was correct.
Ms. Aylaian added it was for unexpected opportunities that come up through
the course of the year typically in the form of tables and lunches.
Occasionally, things come up that requires tweaking in the vendors, and
rather than coming back to the City Council each time, this will allow her to
address it.
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Councilmember Harnik noted the Nine Cities Challenge (blood donation) was
coming up July 2, 2018, at the Desert Recreation District, stating last year
the City came close to getting first place.
Councilmember Harnik moved to, by Minute Motion, approve/authorize:1)Proposed
sponsorships for FY 2018-2019; 2)City Manager to make discretionary changes as
needed; provided the total does not exceed $536,000; 3) City Manager to approve
miscellaneous sponsorships during FY 2018-2019; 4)City Manager to approve vendors for
each sponsorship; 5) City Manager to execute sponsorship agreements, if applicable —
funds for these purposes will be available in Account No. 1104416-4306201. Motion was
seconded by Kelly land carried by a 4-0 vote (AYES: Harnik, Kelly, Nestande, and
Jonathan; NOES: None; ABSENT: Weber).
E. REQUEST FOR APPROVAL OF A THREE-YEAR AGREEMENT FOR
ANIMAL CONTROL FIELD AND SHELTER SERVICES TO THE
COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES IN AN
AMOUNT NOT TO EXCEED $240,000 ANNUALLY (CONTRACT
NO. C37190).
Mr. Stendell noted the staff report regarding continuation of ongoing services
with Riverside County Animal Control Services.
Councilmember Nestande stated she had constituents tell her they are
concerned about wildlife going into their back yards and taking their pets,
asking if staff was aware this was happening.
Mr. Stendell replied he hadn't heard about any recent incidents, but if he can
get the contact information on the constituents, perhaps, staff, animal
control, parks, or code compliance can assist. In the past they have
addressed coyotes.
Mayor Jonathan said he couldn't resist the temptation to say that some
people perceive that we have actually invaded their territory. Councilmember
Nestande agreed, because the City has built homes in their habitat.
Councilmember Kelly offered that for the most part, Animal Control does not
get involved with wildlife, but she's heard staff has been creative in cobbling
together responses that are helpful.
Mayor Jonathan concurred, stating staff has spoken to neighborhood groups
and explained ways they can protect their pets as well.
Councilmember Kelly moved to, by Minute Motion: 1) Award subject three-year
Agreement for Animal Control Field and Shelter Services to County of Riverside in an
amount not to exceed $240,000 annually - said contract shall renew automatically in
one-year increments from July 1, 2018, to June 30, 2021, subject to final review and
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approval of the City Attorney; 2) authorize the Mayor to execute subject Agreement;
3) approve exception to bidding requirements, as provided for in Section 3.30.160(J) of the
Palm Desert Municipal Code for this purpose — funds will be available in the proposed
FY 2018-2019 Budget, Professional Services - Account No. 1104230-4309000, and
funding for subsequent years will be appropriated during the annual budget process.
Motion was seconded by Harnik and carried by a 4-0 vote (AYES: Harnik, Kelly, Nestande,
and Jonathan; NOES: None; ABSENT: Weber).
F. REQUEST FOR REVIEW AND RATIFICATION OF FITNESS PASS FEE
INCREASE FROM $25.00 TO $50.00 PER YEAR BY THE DESERT
RECREATION DISTRICT, AS ALLOWED BY CONTRACT NO. C32410,
SECTION 5.1.1.
Management Analyst Johnny Terfehr stated this item is for the City Council's
ratification of a fee increase of the Fitness Pass, which is allowed per the
Agreement with the Desert Recreation District. The District has voted to
increase the fee and are asking for City Council approval. Responding to
question, he confirmed the Parks & Recreation Commission approved the
increase on a 7-1 vote.
Councilmember Harnik commented she would like to hear Commissioner
Housken's reasons for voting against.
Mr. Stendell said the minutes reflect she was in favor of the $4+ a month
increase, because it was a good deal for the Fitness Pass, adding that her
dissent had more to do with procedure in nature.
Councilmember Harnik agreed, but the increase is twice as much as last
year. During the Budget Study Session, Council was talking about being a
"Wellness City" and it just seems abrupt to double the fees. She asked if the
users of the Fitness Pass knew it was coming and were they notified,
because the increase is significant.
MR. KEVIN KALMAN, General Manager for Desert Recreation District
(DRD), explained that the DRD started this process over a year ago and it
had been tabled by the Palm Desert Parks and Recreation Commission last
October, and they finally heard it in April. The increase was scheduled to go
into effect January 1, 2018, with a six months notice. It was also an
opportunity to purchase next year's pass early so they can get the old fee
rate. Now the intended start date is January 1, 2019, giving six months
notice before the increase takes effect. This is the first increase since 2006,
and the second increase since the facility opened its doors. This is in
response to the 225+ part-time employees that are making almost minimum
wage, and by the year 2022, it will increase by 50%. This year alone, the
DRD saw a $250,000 increase in part-time salaries, and that's not adding
any new services. When the year 2022 rolls around the increase will be
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$1.3 million. The proposed increase is one small piece to help mitigate the
extra expense. The DRD did a Comprehensive Classification and Benefit
Study and they actually reduced all of the full-time employee benefits to help
offset the cost. Again, these are small steps to stay ahead and keep the
organization going.
Councilmember Harnik offered that the City is also seeing everything being
impacted by minimum wage, and she doesn't doubt it has impacted the
DRD. Her only concern was that the cost was being doubled and it's
significant.
MR. KALMAN agreed, stating it hasn't just affected employees, but also all
their contracts for every service.
Mayor Jonathan pointed out that Mr. Kalman's report of April 2, 2018,
provided a comparative chart, which indicated that even at $50, it was still
the lowest option available for recreation and fitness opportunities.
MR. KALMAN concurred, stating on average it cost $240 a year, and the
DRD is $50 for the entire year. Further responding, he explained Palm
Desert residents currently pay $25 annually and Indio resident pay $25. The
way that came about is that the DRD put an assessment district in Indio that
pays the debt service, so the special benefit is a reduced rate in Indio. When
the Palm Desert Center was built, there was a handshake agreement with
the City that because they were paying the debt service on the building, Palm
Desert would never pay more than the Indio residents, which is how it
evolved. In La Quinta, they just raised it to $75, because it doesn't have that
special benefit that Indio and Palm Desert have.
Councilmember Kelly was fine with the increase, stating most people prefer
a thoughtful analysis like this that gets the rate where it needs to be rather
than facing nickel and dime increases year after year. She felt this was
clearly well thought out and well documented for the Parks and Recreation
Commission, and it sounds like the implementation method will be as
considerate as it possibly can be.
Councilmember Kelly moved to, by Minute Motion, ratify the Fitness Pass fee
increase from $25.00 to $50.00 per year by the Desert Recreation District, as allowed by
Contract No. C32410, Section 5.1.1. Motion was seconded by Harnik and carried by a 4-0
vote(AYES: Harnik, Kelly, Nestande, and Jonathan; NOES: None; ABSENT: Weber).
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XVII. CONTINUED BUSINESS
A. REQUEST FOR DIRECTION RELATIVE TO THE DESERT HEALTHCARE
DISTRICT'S EASTERN COACHELLA VALLEY EXPANSION PLAN (LOCAL
AGENCY FORMATION COMMISSION [LAFCO] NO. 2017-02-4) (Continued
from the meeting of May 24, 2018).
Management Analyst Johnny Terfehr stated staff is asking for direction from
the City Council on the implementation of the expansion of the Desert
Healthcare District (DHD). There are two representatives from the District
that will provide Council with a presentation.
DR. LES ZENDLE, MD, Board President of Desert Healthcare District/
Foundation (DHD), noted that with him was Alejandro Espinoza who is the
Program Officer and Director of Outreach. He said his presentation is on the
proposed expansion of the DHD to the eastern Coachella Valley. The
mission of the DHD is to achieve optimal health for all its residents. They do
that by connecting residents to health and wellness services. The DHD does
not provide any healthcare services, it connects people to others that already
exist whether it is hospitals, medical offices, or community organizations that
seek to improve health. The District was founded in 1948 when the State
Legislature gave permission to rural areas without local hospitals to set aside
a portion of the property tax paid to the County, to then have it returned to
the District to build hospitals; originally it was called Desert Hospital District.
The money was used to build Desert Hospital in Palm Springs. Right now
the current cities of Desert Hot Springs, Palm Springs, Cathedral City,
Rancho Mirage, and part of Palm Desert west of Cook Street, pay the same
property tax. However, because of this arrangement made in 1948, only the
west residents get the tax back for the use of the DHD. As you know,
Proposition 13 made it so that nobody else can go forward and say they want
this to happen to a portion of their property tax, stating it would have to be
negotiated with the County. He said DHD is one of the largest contributors
of health and wellness in the Coachella Valley. They have provided more
than $70 million to community -based organizations, hospitals, providers,
school districts, and other services and programs that benefit community
members who live in the west Coachella Valley. As you know, DHD built
Desert Hospital and ran it for a long time. When the consolidation of
hospitals and health care organizations occurred in 1980, it became very
difficult to operate a community hospital profitably or even balance the
budget. Therefore, as they build more and more debt, they had to look for
someone to run it and lease it, and since 1997, it has been leased to Tenet
Health Care who has a 30-year lease that expires in 2027. Two years ago
they went through a strategic planning process and looked at what it wanted
to do for the next five years and identified three strategic priorities. The first
priority was to focus on providers, facilities, programs, and services across
the entire Coachella Valley, because they came to realize there is disparity
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between the east and west in terms of hospitals and providers. The second
priority is to implement a One Coachella Valley. He said there are things that
are best done by the entire Coachella Valley rather than by individual cities
such as transportation, homelessness, and healthcare are good examples.
People who live on one side of Cook Street do a lot of things on the other
side the street, one of them being getting healthcare. He said 30% of the
patients seen at Desert Regional Hospital come from east of Cook Street, so
you can see the Valley needs to take a One Coachella Valley approach. He
displayed a map that illustrates the current district boundary that goes up to
Cook Street in Palm Desert, and they are proposing expanding the map to
deal with the entire Coachella Valley. The reason the boundary goes further
across the Salton Sea, is because it's still in Riverside County and within the
school district. There are very few people that live in that area and it was just
easier to use existing borders. The third priority is to focus on Community
Health and Wellness. With the money they get back from the County, which
is about $6,000 a year, they run the District, but they also provide about
$4 million worth of grants to community organizations. What has happened
in the past, an organization comes to DHD with a good idea, and if
determined that it's a good one, they grant the money. They now want to
focus on the areas that they're funding, so that DHD sets the priorities, and
encourages organizations to come forward to address those priority areas.
The four priorities for these focused areas are: 1) Homelessness; 2) Primary
Care and Behavioral Health Access; 3) Healthy Eating, Active Living; 4)
Quality, Safety, Accountability, and Transparency. The main healthcare
disparities between the east and west Coachella Valley are access to
hospital beds, primary care providers, etc., and DHD wants to address them,
especially access to mental health care. The social determinants to seeing
a doctor or access to a hospital have to do with income, education, food
security, and transportation, which are desperately affecting people who live
in the east versus the west. A brief history of what has happened is that
Assemblyman Garcia introduced Assembly Bill 2414 that was passed in
2016, to expand the District, which included specific criteria as to who could
vote on it, and it was submitted to LAFCO (Local Agency Formation
Commission) in 2017. There has been extensive public engagement all over
the Coachella Valley in obtaining input. He said DHD tried to negotiate with
the County on getting an increment of property tax revenue paid by the
eastern Coachella Valley in order to help fund the expansion. However,
because they are having financial problems, the answer was no. The DHD
set a goal of spending $4 million in the east similar to what they spend in the
west, but rather than delay the expansion until it secures funding, they asked
the community if they wanted to delay the expansion until it had the funding
or have a say in how the funds would be spent when received. Therefore,
the DHD went ahead and allocated $300,000 a year of the $4 million it wants
to spend, which comes from non -tax revenue from the west. It also doesn't
come from funds set aside for seismic issues for Desert Regional Hospital,
it comes from investment accounts, grants, and foundations. They hope to
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expand it by looking at new things that are coming up, for instance, there are
a lot of initiatives around the Salton Sea that deal with health issues, and
there is going to be funding for it. He hopes to secure some of those funds
to use for health related issues. The expansion was approved by the Board
of Supervisors and sent to LAFCO who approved it in April 2018, and it will
be on the November 2018 ballot. They spoke to the people in the east valley
and they indicated that representation was more important than how much
money would be spent. In other words, they want to have a say when the
funds are received on how it's spent, and the only way to accomplish that is
by expanding the District, giving people the opportunity to elect their
representatives. He displayed a list of the many organizations they support.
One of them being Volunteers in Medicine, which is the only free clinic in the
Coachella Valley. He has seen patients there since he retired in 2000 from
Kaiser Permanente. The clinic gets funding from the DHD, along with
Eisenhower Medical Center, Desert Regional Medical Center, and JFK
Hospital, and they raise money outside as well. The money received from
DHD can only be used for the people that live west of Cook Street who come
to the free clinic. They can't get any money from DHD to help people that
live east of Cook Street, and yet 90% of the people they service are east of
Cook Street. He added they have to do this prorated formula that takes a lot
of time and really is not productive in being responsive to the needs to the
community. Finally, there are two key initiatives important to highlight. First
there is the $2 million collaborative/collective fund that supports programs
and infrastructure to address the homeless crisis in the Coachella Valley
through Coachella Valley Association of Governments (CVAG) where they
match cities contributions. What started out hoping it would reach$700,000
to $800,000, is now $1.4 million, which has proved to be a wonderful model.
They plan to do it again, this time with Behavioral Healthcare, where funds
will go out to organizations that have a role to play in improving access to
behavioral healthcare. He believes everyone recognizes there is a huge
need for behavioral health resources in the Coachella Valley. For example,
there are no inpatient site beds anywhere, in that you have to go to Loma
Linda or Redlands for inpatient care. He added that people are taken by the
police to the Emergency Room at Desert Regional, JFK, or Eisenhower, and
they sit there until there is a bed available, which might be in Riverside,
Redlands, Riverside, Corona, or Orange County. Meanwhile the patient is
sitting there, and people with acute medical problems who need to be seen
are delayed, which is a big problem. He said to have inpatient beds in the
community is one of the things they are working on. In response to the
concern about raising taxes on the people on the east, the answer is that
they are not. He said the people on the east pay the same taxes as the
people in the west. Unfortunately, DHD doesn't get back some of the east
property taxes to spend on healthcare, but it wants to go ahead with this
expansion anyway.
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Councilmember Nestande said she understood the DHD was formed in the
1948's and part of the County property taxes was diverted to pay the bond
for the public hospital.
DR. ZENDLE replied that bonds are handled separately, but the money
given to the District was used to run the District and to partially pay back the
bond, which they borrowed. Further responding, in 1990 when Tenet
purchased it, DHD had $150 million in debt. Therefore, in lieu of a yearly
lease, they prepaid the lease for 30 years and erased the debt, and they also
gave the District another $50 million to put into a seismic upgrade facility's
emergency type of fund. So now, the money they get back from the County
is used just to run the District and $4.5 million is used for community grants.
Councilmember Nestande commented the County was also administering
healthcare, and she didn't see in the report if there were any duplication of
services.
DR. ZENDLE clarified the DHD doesn't provide any healthcare, but they
have used some grants to help the County deliver healthcare in some of their
situations, whether it was Roy's Resource Center or a mental health clinic
that just opened in Palm Springs. The County has a few family community
health clinics that operate here that DHD doesn't contribute to. He added
people who have to go to a County hospital, go to the one in Moreno Valley,
which is a transportation issue. He said they sometimes help with
transportation, but they don't supplement what the County is doing.
Councilmember Nestande said she was curious if there was duplication of
services once the grant monies are sent out. In order words, is that service
something the County could already be doing.
DR. ZENDLE responded the County certainly could do it, but they don't.
There are Federally Qualified Health Clinics (FQHC) around the Valley,
Borrego is one of them, and DHD helps fund some of them. He said they
probably receive some County funds, including medical and federal funds,
but DHD is not paying to duplicate County services. He said DHD exists
because the County is not fulfilling all the healthcare needs of the indigent
low-income population of the Coachella Valley, and it's the reason they need
to do more.
Councilmember Harnik noted everyone she has spoken with supports the
expansion of the DHD, because it makes sense. However, she thought that
in 1948 the community members who are west of Cook Street voted to tax
themselves.
DR. ZENDLE clarified the people voted for the County to give them back
some of the property tax they were already paying, but they did not increase
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their property tax. Further responding, he said the people have not voted on
any additional taxes, the only thing that's been voted on is board members
and the lease agreement with the hospital, stating it had to be approved by
the residents of the District. There was a vote in 1997 when they did the
lease, and in 2027 when the lease expires, whatever the DHD decides to do,
it will have to be voted upon by the members of the District. If the expansion
passes in November, when the lease expires in 2027, whatever is
determined to be done with Desert Regional Hospital will have to be voted
by the members of the entire Coachella Valley. He's not an expert on
Proposition 13, but since it passed, the ability for healthcare districts or
anybody to encumber property taxes has not been allowed.
Mr. Hargreaves agreed, stating limits were placed on property taxes and you
have to go through a process where you have to obtain the vote of the
people to increase any property tax. The situation became much more
restrictive and complicated.
Mayor Jonathan offered that based on information obtained by
Mr. Herb K. Schultz, Chief Executive Officer of the Desert Healthcare
District/Foundation, he gained some understanding. He explained that when
residents pay their property taxes there is a base rate and some add on lines
like for College of the Desert District, bond repayment, Desert Sands, etc.,
and the money received by the DHD is not an add -on item on a property tax
bill. It is part of the basic 1 % paid by all residents, which goes to the County,
and the County has an agreement with DHD to fund it out of the proceeds
it receives.
DR. ZENDLE concurred, stating the County has an agreement with the
voters that voted in 1948 to do it, and they are required to do it.
Mayor Jonathan said it was not an add -on tax where it pays beyond the
normal taxes. If the DHD expands, it doesn't mean west residents are now
paying for services in the east. These are funds already received by the
County and then distributed to the District.
DR. ZENDLE said they have approached the County asking them that as
property taxes increase over time with property values, if they could have a
small percentage of it. Unfortunately, the County is not in a position to do so
in their current financial situation. The DHD hopes that with things coming
from the State and Federal, often having to do with the Salton Sea and
medically under served areas, he believed they can get grants from them
and other foundations to help fund the $4 million.
Mayor Jonathan recalled asking Mr. Schultz how they would provide services
in the east. The response was they will accumulate $6 million out of
earnings on other investments that won't detract from funds that are
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available to the west side. In the meantime, DHD will also seek other
funding sources that will become available.
DR. ZENDLE agreed, pointing out there is the District and the Foundation.
The Foundation over the years has received bequests and donations, which
can be used in the east Coachella Valley, and that's where the yearly
$300,000 will come from.
Councilmember Harnik inquired about solar income.
DR. ZENDLE replied that DHD has installed solar panels in the parking lot
at Desert Regional Hospital, which generates money that goes to the District.
However, that lease will end this year and that item won't be part of the
budget anymore.
Councilmember Harnik offered that this Council wants to see the healthcare
issues of the west addressed, but she's not hearing about sustainable
funding sources, which is bothersome. The DHD Plan of Services Report
talks about taking an advisory measure to dedicate some of their taxes
currently allocated to affected local agencies, it also states as follows: "In
this instance, should negotiations of the voluntary contributions of taxes from
these entities to the District for healthcare services in the Annexation Area
not be successful, the District could pursue mediation with the cities and
County to attempt a resolution and meet the conditions of expansion."
DR. ZENDLE believes that meant the DHD will keep talking to the County
over time to get some more money. An example that may explain it better is
that there are big foundations like The California Endowment, The Wellness
Foundation, etc., and insurance companies that went not for profit to poor
profit, they have a lot of money and they want it to go toward healthcare.
However, it's very difficult for them to look at a small organization with a
small dollar amount budget to conduct these grant processes in order to give
them money. On the other hand, they might be willing, and have, funded
things through the DHD, knowing it has a grant process where the grant
monies are monitored to ensure they are spent appropriately, including
looking at outcomes. The Foundation, which is not local, can't necessarily do
that, but with the infrastructure the DHD has created over the years and with
the relationships it has with many of the east side organizations, they will be
able to give money to those organizations. The residents' DHD spoke with
said they rather have some help versus no help. The need is so great, and
they want to have a say in what will be funded, and they will as members of
the District.
Councilmember Kelly divulged she started with a similar concern about
long-range funding, but now she's hearing some things that speak to her
concerns. As she understands this, the plan is to start with a commitment
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of $300,000 a year, which sounds small in response to the need. But, would
it have this ramification that currently the District makes grants to, for
example, Martha's Village & Kitchen (MV&K), but you have to go through
some accounting to verify funds are being spent for the benefit of folks west
of Cook Street. What she is hearing is that if you can get the expansion in
place, even with this minimal funding commitment, it gets rid of all the red
tape making it easier to make grants to entities which are serving people
both east and west.
DR. ZENDLE agreed, stating using MV&K as an example, the District gives
them money only for residents who have listed an address west of Cook
Street, but now they will be able to give them more money. Even if it's just
$50,000, it's money they need and will appreciate. He added they hope to
acquire even more funds once it approaches foundations and others that
really do care about healthcare in the Coachella Valley as a whole.
Councilmember Kelly commented that's the second thing that is becoming
more clear to her, is that if the District can get the expansion, it will have a
lot more information to present about greatly under served communities who
would benefit from the award of funds. She asked if that was part of the
reason for pushing this expansion forward.
DR. ZENDLE explained that if MV&K wanted to apply for a grant from The
California Endowment, it's an onerous and complicated process; they would
need to have grant writers. Will now, DHD will be applying for funds for
homelessness, for example, which they will get from the endowment and be
able to spend them in the east. It will no longer require them to segregate the
funds.
Councilmember Kelly said she hoped the DHD Board will continue to think
of ways that all in the Coachella Valley cities, in partnership with the District
and other constituencies, can increase the pressure on the County to give
up a small part of that property tax they receive for the east. In recognizing
the County has budget problems, it really sounds like preposterous penny
wising and foolish. If they are using Sheriff Deputies to transport 5150
patients or whomever all the way to Palm Springs, it's about the most
expensive possible way to address issues. Hopefully through collaborations,
a demonstration can be made that is actually more fiscally prudent to deploy
the Districts proven model and get better results.
DR. ZENDLE agreed, stating one of the reasons why JFK Desert Regional
and Eisenhower help fund Volunteers and Medicine, is that if you take care
of primary care problems when they are small, like treating hypertension and
diabetes, they don't develop the complications and end up in the ER Hospital
with uncompensated care, which we all pay for. Not to mention the ER and
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Beds being crowded. He hopes to apply pressure to the County to provide
more funds as they become available and they have the ability to do so.
Councilmember Harnik agreed pressure on the County is part of what will
make this work, stating they need to step up and help. She also agreed in
taking care of health issues early as an investment, stating it pays off greatly
for the health of those people that need the care and costing less later on.
DR. ZENDLE said one can just look at the issue of the County Hospital,
there is only one in Moreno Valley, so the people that live in Indio have to go
there for care.
Mayor Jonathan pointed out that it was yet one more reason for continuing
to help the homeless, which the DHD does in such an innovative and
aggressive way, because if nothing else, it's a money saver. It's cheaper to
help the homeless have a home than it is to be treated in an emergency
room. He said the District has gone far in taking the lead in the
homelessness issue. It's not just the funding of the cities that participate
through CVAG, because Palm Desert is going through its own process of
matching funds through the District to Behavioral Specialists, and it's
working.
Councilmember Harnik recalled Dr. Zendle saying only the east valley
residents would be voting on the expansion.
DR. ZENDLE answer yes, because that's the way the legislation was written
and passed by the Governor. Honestly, the people in the west weren't
particularly happy about it, but that's the law.
Councilmember Harnik agreed, stating it didn't ring with logic to her, but
appreciates the answer.
DR. ZENDLE replied that one of the things he points out to the people in the
west is that the people in the east are paying the exact same rate for
property tax.
Councilmember Harnik said she understood, which is why she is having such
an issue with the County grabbing the money and not using the funds as
effectively as the DHD uses them west of Cook.
Mayor Jonathan addressing the concern about sustainable funding, he
believed there was sustainable funding, because the District is not committed
to spending a million dollars in the east valley and they only have $300,000.
There is a great team at the District, in that they are not going to spend what
they don't have. He didn't think they were setting themselves up for financial
failure, they are going to proceed cautiously and in a financially responsible
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way, and aggressively seek out additional funding specifically for the east
Valley. He said the District is in a unique position to obtain additional funds
as opposed to other organizations in the east valley. He was equally
concerned about sustainable funding, but then he understood the plan. Also,
Palm Desert as a City has embraced its responsibility for One Coachella
Valley, taking the lead with transportation, homelessness, and other regional
issues. To him, this was another one of those issues where there is an
under served population in the eastern part of the Coachella Valley and the
City has a responsibility to reach out and do what it can. Beyond that, Palm
Desert has a responsibility to its residents, and there is an inequality, the City
is cut down the middle on Cook Street. Some of the residents of Palm Desert
are not part of the District and some are, so for both of those reasons, he
would personally favor the first option offered by staff to actively support the
expansion.
Mayor Jonathan moved to, by Minute Motion, select Option 1 - Support the DHD
Eastern Coachella Valley Expansion Plan.
Councilmember Nestande appreciated everything Dr. Zendle was doing for
the DHD, but she would like to hear from the County of Riverside and learn
about what they say about this proposal. She said Council was assuming
the County of Riverside could not do some of this or do it as good or better.
She suggested postponing the vote for a study session that includes the
County, because healthcare is such an important issue, and she wants it to
be done effectively.
DR. ZENDLE pointed out that the County Board of Supervisors voted 5-0 to
support the expansion. They had some issues having to do with the lease
with Tenet, with regard to the exclusive relationship and the District not being
able to fund things that might be in competition. So Tenet actually waived
that exclusive relationship, and the County Board of Supervisors is fully on
board.
Councilmember Kelly was prepared to support Option 1 with the
understanding that the letter drafted on behalf of the City would underscore
what has been discussed here that the full potential of this expansion can't
be achieved unless the County looks thoughtfully at the best possible way
to deploy property tax dollars for health benefits. She would encourage
continued discussions in that regard. While it's possible to launch the
expansion without more ambitious funding, in response to the need, Palm
Desert does want to see that growth in capacity.
Councilmember Kelly seconded the motion.
Councilmember Harnik offered that not for one second did she think DHD
would spend money recklessly, but in looking at the reserve and lease, there
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are $4.5 million that are secure. However, Tenet has options to terminate
the lease, and they could do it now because of the seismic issues. She
reiterated that it was important for the County to step up, but they are already
having significant issues at the Riverside Hospital, so she wasn't sure they
will be quick to release those tax increments to the DHD. The report
includes great things, but it also has things that cause her to be
apprehensive. It also includes other financing options such as voluntary
dedication of existing monies from cities/county, a community facility's
district, and a parcel tax, which she doesn't see happening. The
tenet/hospital lease income, might go away or it might not. There are a lot
of issues that make it difficult and worrisome, but the health issues are a
greater worry.
Mayor Jonathan reiterated the DHD will start with the funding they have and
will continue to make the funding grow. It would be nice if they started on
day one with a commitment of $5- or $6 million for the east valley, but it's not
going to happen, so they start small and build up. He has no problem with
making the point in the letter that Palm Desert is in full support of the
expansion, and at the same time, encouraging the County to look at funding
sources for the expansion, and grateful the District will continue looking for
additional and new sources going forward. He said the City can express its
concern in the letter, but at the same time express its support.
Councilmember Harnik stated the letter needs to make an emphasis on the
fact that if the County does not help in investing in the east valley, it will be
a greater cost to them in the long run.
Councilmember Nestande commented that Councilmember Harnik was
stating some of the reasons why she would like to hear from the County first
before voting on this.
Mayor Jonathan agreed it was a good point, but this evening Council heard
that the Board of Supervisor voted 5-0 in support.
Councilmember Nestande added she would still like to hear from the people
that are below the Board of Supervisor's.
Mayor Jonathan amended the motion to include a letter indicating the City of Palm
Desert is in full support of the Desert Healthcare District (DHD) Eastern Expansion Plan.
Additionally, encourage the County to explore funding sources to deploy property tax
dollars for the expansion and success of the DHD and its mission. Motion was seconded
by Kelly and carried by a 3-1 vote.
For purposes of clarification the motion is as follows:
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Mayor Jonathan moved to, by Minute Motion: 1) Selected Option 1 - Support the
DHD Eastern Coachella Valley Expansion Plan; 2) prepare a letter indicating the City of
Palm Desert is in full support of the Desert Healthcare District (DHD) Eastern Expansion
Plan. Additionally, encourage the County to explore funding sources to deploy property
tax dollars for the expansion and success of the DHD and its mission. Motion was
seconded by Kelly and carried by a 3-1 vote (AYES: Harnik, Kelly, and Jonathan; NOES:
Nestande; ABSENT: Weber).
With City Council concurrence, a recess was observed from 6:06 p.m. -
6:18 p.m.
B. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 24, 2018
(Continued from the meeting of June 14, 2018).
Councilmember Harnik moved to, by Minute Motion, approve as presented the
Minutes of the Regular City Council meeting of May 24, 2018. Motion was seconded by
Kelly and carried by a 4-0 vote (AYES: Harnik, Kelly, Nestande, and Jonathan; NOES:
None; ABSENT: Weber).
XVIII. OLD BUSINESS
A. REQUEST FOR ADOPTION OF A RESOLUTION INCREASING THE
DESERT WILLOW RESIDENT GOLF RATE TO $52.00 BASED ON
CONSUMER PRICE INDEX (CPI), AND TAKING RELATED ACTION.
Mr. Alvarez stated that at the June 14, 2018, City Council meeting, Council
directed staff to come back with a proposal at increasing the Desert Willow
Golf Rate by using last year's CPI (Consumer Price Index). Using the Los
Angeles/Long Beach/Riverside Region CPI, it turned out to be a 3.7%
increase, which calculates to $1.96. Therefore, staff recommends increasing
the Desert Willow Golf Rate from $50 to $52.
Mayor Jonathan pointed out that staff was also recommending establishing
policy to make annual increases based on CPI and not necessarily require
City Council approval, because it would be approving that policy at this point.
Mr. Alvarez concurred.
Councilmember Nestande asked staff to clarify the policy it has with The
Retreat and second homeowners, including benefits to second homeowners
that do not live in The Retreat but live in Palm Desert.
Mr. Alvarez explained The Retreat is adjacent to Desert Willow that includes
112 condominium units. When the project was going through the entitlement
process there was a Development Agreement (DA) negotiated which entitled
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the residents of those units, up to two residents, to receive The Retreat Card.
In essence, it's access to the Golf Academy through an easement that was
created from their project onto Desert Willow. Also negotiated was a $75 per
unit/per month fee ($900 a year) that would be given to the City in exchange
for access to Desert Willow, the Golf Academy, and a discount that equate
to 25% of the posted rates. This discount is similar to the concept discussed
at the last meeting, which was the Dynamic Pricing Model (DPM). Also
included are other benefits similar to the Platinum Card, which gets discounts
at the club house, establishment of a handicap, handicap index, etc. Further
responding, he said second homeowners who purchase the Platinum Card,
resident or nonresident, benefits would be very similar. The Platinum Card
is $319 for residents and $369 for nonresident.
Councilmember Kelly said she didn't realize how complicated the CPI is,
although Mayor Jonathan did, because he's alluded to it previously. The
information she was able to access suggested there is no longer a Los
Angeles/Long Beach/Riverside Index. As of last December it was split to
create a Los Angeles/Long Beach/Anaheim Index and a new index for
Riverside/San Bernardino/Ontario. Therefore, if it was split as of March and
no longer publishing a Los Angeles/Long Beach Riverside Index, what did
staff use for March 2018.
Sr. Financial Analyst Anthony Hernandez replied that if you go to the CPI
Website, you can call up the data and create a report. Staff continued to use
the Los Angeles/Orange County CPI Index, because the Riverside Index is
currently not available.
Mayor Jonathan added he had to search a little harder than usual, but he
was able to access the Los Angeles/Long Beach/Riverside Index and the
rate was 3.8%. The reason the Riverside/San Bernardino is not available,
is because they don't have data going back to March 2018, but it will in the
future.
MR. FRED JOHNS, Sarazen Way, Palm Desert, stated golf is a major
economic driver for the Valley. Many housing developments were built
based on golf, including the hotels, restaurants, and retail stores. Golf
creates thousands of jobs, supports Eisenhower Hospital and all other
hospitals in the Valley, so it's key on how policy is set. He studied and put
together a chart for the City Council. It's a comparison of the golf rates for
the past 12 years compared to the CPI, and based on his calculation, that
golf rate increase is 2.47% versus the CPI of 18%. He said golf has never
been included in the CPI for any service or any basket item, and no one in
the Valley uses it. He asked the City Council not to use the CPI to establish
the golf rate. Now the 2.5% that has increased over the past 12 years was
due to all the competition in the Valley. During that same period, Resident
Rates have increased 11 % and now they are going to increase another 4%.
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Next year the rates are projected to go down, stating he just looked at the
market rates. There is simply no correlation to using the CPI for golf, and if
the City wants to come up with a way to increase rates, it needs to come up
with a more logical and better means to do it. Further, when looking at
Desert Willow, it shows a loss. However, in totality with all the revenue
generated from all the hospitals, hotels, restaurants, and retail shops, Desert
Willow is a very big winner. He questioned if the City was ever going to look
at all the fees together to see what is really there. He asked Council to put
everything on the table, look at it, and make a decision that benefits
everyone. As for the matter of rates for residents, they are low and they
affect memberships at the other country clubs. He said probably 1 % of the
people that play golf at Desert Willow joins a country club for several
reasons. First, the initiation fees are extravagant, in that they are any where
from $1,500 to $250,000. If you join a country club, husband and wife have
to play in order to get enough rounds in to meet the monthly fees, which are
usually $1,000 to $1,800 a month. He said this was a municipal course to
give those people who can't join a country club the opportunity to play golf
or they couldn't do it otherwise. In summary, he's saying that Desert Willow
is a big-time winner. He added that some of the information Council
reviewed was inaccurate, because residents don't have 20,000 rounds
anymore, stating they have gone down to 13,000 this year, and it was 15,000
last year; rounds have fallen almost 40%.
Councilmember Nestande noted that when she cast her vote two weeks ago,
she voted no in part because she did not want the Dynamic Pricing Model or
having the rate tied to the CPI, so she voted for the lesser of two evils. Now
Council is here again, and she doesn't support tying it to the CPI, stating the
last speaker gave valid input and she tends to agree. She said every time the
City tries to tweak one component of rates at Desert Willow, it affects
another rate. She said the City didn't look at the Platinum or Champion Club
Cards for residents, and there are so many other factors involved. She went
on to say she's never been able to sit down with fellow Councilmembers and
actually discuss Desert Willow in any great detail. There have been
discussions about whether it's an economic driver or an amenity, and there
are varying opinions. She's of the opinion that there is room for it to be both.
For example, the Aquatic Center is basically an amenity, and if she's correct,
the City subsidizes $700,000 a year. She asked about the numbers of
residents versus nonresident who use the facility, and for 2017, there were
just over 15,000 residents who use the facility, and 42,000 nonresidents.
She believed the City owed the residents first right to any money it wants to
give out as an amenity. She suggested Council sit down in the fall and look
at the different programs at Desert Willow and then figure out how much it's
willing to contribute. She said Kemper Sports staff is doing a great job, so
it's not about them, they are only reacting to City Council direction just like
staff is. She would advocate for the City Council to get together in the fall
and discuss this matter in more detail and leave the rate as is for now. Also,
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place on the agenda a reduced summer rates for residents, because two
weeks ago that option was killed, it was caught up with the Dynamic Pricing
and defining who was a resident.
Councilmember Harnik inquired about the current summer rates for residents.
MR. DEREK WHITE, General Manager at Desert Willow, said they offer a
summer VIP Card, which then gives reduce rates for residents for the
summer.
Councilmember Kelly understands that for $49 residents can obtain access
to those reduce rates.
MR. WHITE replied that was correct, adding it's a summer VIP Card and it's
kind of an extension of the Platinum Card Program.
Mayor Jonathan offered that for $10 you can get a Resident Card and then
there is a price differential for residents to playing in the summer versus
nonresident.
MR. WHITE agreed, stating that with rack rates, for instance, it can be $95
or somewhere in the Dynamic Pricing capping out at $95, so the $50 rate
would be a discount off of that rate, if that's what Mayor Jonathan was
referring to. Further responding, he confirmed that with a VIP Card it can be
as low as $20. The price for the VIP Resident Card is $79, and the VIP
Nonresident Card is $40. He agreed there is a series of rates from the rack
or the published rates that are dynamic pricing, adding rates go down as
weather temperatures go up. He said there was a dramatic discount for
those card holders. The VIP Card runs from June 1 through September 23.
Councilmember Nestande commented it seems high, because in the
proposal shown two weeks ago it was going to be $30 for residents and $35
for nonresident in the summer.
Councilmember Kelly clarified that the $49 is not the rate to play, it's a
one-time charge to get the benefit of lower summer rates.
Councilmember Nestande asked about the summer rates for someone who
purchased the $49 Card.
MR. WHITE replied there were three rates available between $35 and $20.
There is also one additional program that was added where you pay $899 for
nonresident or $699 for residents to have access to unlimited play from May
1 through September 23. If you do the math, if you play a couple times a
week, it can be as low as $20 a round for playing any time.
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Councilmember Harnik asked how far out in advance can one book.
MR. WHITE said he wasn't sure there was a restriction, because the sheet
is fully available.
Councilmember Harnik inquired on the number of rounds for Desert Willow
as a whole.
MR. WHITE responded it was around 90,000 for Fiscal Year 21017-2018,
stating for last year it was much more reduced, but that was due to the
renovation.
Mayor Jonathan pointed out that the staff report indicates there were 85,000
rounds in total, of which 20,000 are from residents.
Councilmember Harnik responding to the comment that Desert Willow is an
economic driver, recalled it was thought of as an economic development tool.
And to Mr. John's point, because the City was using Redevelopment Funds,
the intent was for Desert Willow to generate revenue, which is why it's
surrounded by timeshares and hotels. The intent was to build Desert Willow
as an economic development tool, not necessarily as an economic driver
specifically, and the amenity for residents was a bonus for those who
otherwise wouldn't be able to afford it.
Councilmember Kelly offered she was not comfortable establishing increases
to the Resident Rate on autopilot and/or connected to CPI for a couple of
reasons. First, CPI is a squirrelly statistic, because you have controversy
about whether it should be regional or core CPI. There is not a single statistic
that's potentially available. She had conversations with Mr. White to try to
identify some alternative benchmark, but they didn't come up with one that
seemed to fit the bill. At some point, the City needs to take a study to look
at whether there is a better benchmark that could be put on autopilot.
Frankly, next fall is too soon, stating that through the course of next season,
more will be learned about economic conditions and golfing demands. This
season it appeared that golfing demand was stabilizing and a second year
will provide more information. She believed the City should give this topic a
rest and come back to it next year in time to take account of next year's
season and incorporate some considered attention to alternative
benchmarks. The City and Desert Willow's finances are not going to sink or
swim these next 12 months based on whether it adds $2 to the Resident
Rate, but a lot of resident sentiments will be dramatically affected, adding
that was her perception on emails and correspondence received. There are
many times when Council has to push forward with something that's
unpopular to achieve an appropriate purpose, but in this case, she didn't see
the necessity for adjusting the rate. It would be preferable to engage in a
study as suggested after Council is better informed by another year of data.
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If Council returns to the CPI as the appropriate yardstick, at least by that
time, there will be comparative information for this specific region. One thing
that is dramatic in looking at the CPI is that the category included Los
Angeles, and not surprising, it has the highest rate increases in the Country
because it's a much larger metropolitan area with different cost pressures
than the Valley. Therefore, for all the reason's stated, Council should hold
back for now.
Mayor Jonathan said he has a vastly different perspective, because this was
a luxury, and a $2 increase for a luxury without initiation fees, what a deal.
He couldn't believe there was any kind of resistence to a $2 increase. In
1998, 20 years ago, it was $45, and 20 years later it's $50. Giving this topic
a rest would be the last thing he would want to do, because it would be
kicking it down the road and going through this whole process again. From
the very start, in representing the City on the President's Committee, this has
been a painful process for everyone involved. Sinking into analysis paralysis
would be a mistake, stating Council needs to do their job. Frankly, he didn't
favor a $2 rate increase either, because it should be set at $74, which is
what it would have been if the CPI was applied all along. The CPI is not an
arbitrary number, it's the best measure it has of the increase costs to Desert
Willow, because if the City looked at costs, it would be far higher than the
CPI. He said the City is subsidizing the rate at $560,000 a year. He gets
that amount by calculating that the average cost per round is $78 and
residents are paying $50, so it's a $28 per round subsidy multiplied by
20,000 rounds, which adds up to $560,000. He suggested going to the full
$78 per round to avoid subsidizing it. The intent of Desert Willow was not
meant to provide a highly reduced luxury, it was a side benefit, because the
main objective was to create an economic driver and it has worked. The
reason it has worked, is because it has attracted full market rate rounds from
the hotels and timeshares. To allow that economic driver to continue to
work, the City cannot continue to substitute full -market rate rounds with
highly subsidized rounds. Just because there is resistance to a $2 increase,
Council should not continue analyzing it, stating that returning a year from
now would be a policy error. He suggested approving the staff report,
although he didn't like it, but he could live with it. He likes that there would
be automatic increases so that the City doesn't have to go through this
painful procedure year after year. There was a comment made earlier about
the increase to the Desert Recreation District from $25 to $50, which was,
"they liked the increase because it would not nickel and dime people and
they will know what the rate is." He wished that sentiment applied to this
issue, which he viewed as similar. He would be fine if the City set the rate
at $74 and leaving it at that for a while, but looking at this every year is a
mistake.
Councilmember Harnik agreed this issue has been difficult for everyone
involved, stating since she's been on the Council this has been an ongoing
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issue. However, residents have superior golf at a superior price, and so
anytime there is talk about an increase, there is an outcry. She comes from
the golf business and a country club, and she knew how painful this superior
rate at Desert Willow is to them; it financially negatively impacts the country
clubs. She said this issue is not going to go away, because it's part of the
fabric of this City since the date Desert Willow was built. The problems
associated with Desert Willow will continue until something radically
changes. She said the increase should not be attached to the CPI, because
at a certain point, given the trend of golf, the City will be asking residents to
pay more for golf than the rack rate. She does, however, support the $2
increase, stating it helps offset costs, but something needs to be figured out
for the future, so Council is not spending a huge amount of staff, resident,
and Kemper Sport's time reviewing this issue. She believed a different
approach had to be taken in order to come up with a different solution. She
suggested approving the $2 increase to help offset increases to minimum
wages, which affects everything done at Desert Willow. She said Council
should let this season shake out, allowing residents to depend on that $52
rate.
Councilmember Nestande agreed, but she wants to be more involved in the
dialogue and process. In her opinion, it's most efficient if resident golfers,
who the City has faith and trust in their judgment, to be included in an open
dialogue with Mr. White and a few staff members sometime in the future.
Mayor Jonathan replied that already happened, which is what the Committee
did for almost a year.
Councilmember Nestande offered that based on emails and conversations
she has had, including people on the Task Force Committee, they are just
not happy with the results, stating they feel shut out.
Mayor Jonathan said he didn't disagree with what she said, but they had an
opportunity to be part of the decision -making process by providing input,
which they did very articulately.
Councilmember Nestande recalled a study session, but it was only one -hour
long and Council had to digest a binder full of information, and she still had
many questions. She prefers to sit around a table to look at data and
discuss it with resident golfers, and asking them for their take. She wants to
get that back and forth dialogue going.
Councilmember Kelly said she fully embraced what Mayor said about the
central purpose for Desert Willow, which is why she did not support any
major revisions to the structure for resident privileges. It's hard to tinker with
that without unexpected ramifications. For this evening, she could vote for
a motion to increase the resident rate to $52 if it's simply explained as a
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recognition of the increase costs caused by the minimum wage changes,
which she believed was preferable than basing it on the CPI. She said
resident players fully appreciate everything Councilmember Harnik said that
golf rates don't move with the CPI; it causes needless irritation. If the City
doesn't come back with a superior alternative, it might have to return to the
CPI, but this evening she could vote for an increase of $52 as an adjustment
to the minimum wage and its impact on operating costs.
Councilmember Kelly moved to: 1) Waive further reading and adopt Resolution
No. 2018 - 47, as amended, adjusting the Desert Willow Resident Golf Rate from $50 to
$52, effective July 1, 2018; 2) By Minute Motion, approve an increase to the Desert Willow
Resident Golf Rate from $50.00 to $52.00 for Fiscal Year 2018-2019. Motion was
seconded by Harnik.
Councilmember Harnik said it wasn't just that simple to say it was due to the
impact of minimum wages, but because of all the increased costs per say.
Councilmember Kelly said she was trying to phrase the motion in a way she
thought people can understand, embrace, and accept, because everyone
knows that minimum wage is rising dramatically, and it has an expected
impact on Desert Willow.
Mayor Jonathan explained that the impact is more than people are typically
seeing. To Councilmember Harnik's point, on the Desert Willow Committee
they learned that every cost is going up, not just the labor, because then you
have wage compression. It also impacts contracts for seed, fertilizer, etc.,
stating those contract increases are due to the minimum wage, affecting all
costs to go up. He is reluctant to support the motion because an adjustment
of $52 is low, in that he was at $74, but he's ready to make a huge
compromise. He said the City so vastly subsidized and artificially deflated
the cost of rounds at Desert Willow, and it's hurting business partners who
are now having to compete with "Country Club fora Day Experience," which
is so underprice. As everyone knows, the City's business partners are
having a hard time competing, and Palm Desert is only adding to their
challenges. The other reason is that when he was elected to Council in
2014, the first increase to the resident rate was $50, and he and
Councilmember Harnik recall going through the same thing and it was
painful, and here Council is going through it again. The result now is that it's
not learning from the past, because it's only considering a $2 increase, and
whether its one or five years from now, this Council or a future one will
endure this same painful process. While he's ready to support the increase,
he believed Council needed to compromise on this issue. He just hopes staff
will take the initiative and think on it, have another study session, get other
input, and create increases that are automatic. He disagreed that scheduled
increases would spiral out of control, because he has faith that a future
Council will know the intent was not to have residents' pay more, but to
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subsidize. He's hoping for some mechanism that includes predicable
increases that will benefit residents and the process.
Councilmember Harnik didn't want to tie staffs hand by saying there needs
to be an automatic mechanism. She supports taking a step back and looking
at this in a new way. She said this process took a lot of Kemper Sport's time
in asking them to assure residents are provided a good rate and demanding
they have a certain profit, while maintaining a standard at Desert Willow.
Mayor Jonathan clarified he didn't mean to say an annual increase
mechanism, stating he meant he hopes to have some approach that would
preclude Council from having to go through this painful procedure. He said
the last time Council took a break from this issue was three years ago, and
maybe this break will only be one or five years, but it has done nothing in
terms of changing the process to spare going this again. He was suggesting
that if staff had spare time, they think about some other mechanism that
doesn't result in this same type of painful process.
Mayor Jonathan called for the vote, and the motion carried by a 3-1 vote (AYES:
Harnik, Kelly, and Jonathan; NOES: Nestande; ABSENT: Weber).
Mayor Jonathan thanked Mr. Alvarez and Mr. White for carrying the weight
on this matter.
XIX. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF THE ESTABLISHMENT OF A FEE FOR
SERVICE RELATED TO REVIEWING SHORT-TERM RENTAL HARDSHIP
EXTENSION APPLICATIONS.
Mr. Stendell noted the staff report, stating this was an ongoing discussion
related to Short -Term Rental Hardship Extension Applications. Staff is
recommending a fee totaling $1,500 with $500 collected up front. The
balance to be paid after the application is deemed complete and the review
begins.
Mayor Jonathan declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter. With no public testimony offered, he
declared the public hearing closed.
Councilmember Kelly moved to waive further reading and adopt Resolution
No. 2018 - 48, establishing a fee for service related to reviewing Short -Term Rental (STR)
Hardship Extension Applications. Motion was seconded by Harnik and carried by a 4-0
vote (AYES: Harnik, Kelly, Nestande, and Jonathan; NOES: None; ABSENT: Weber).
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B. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S ANNUAL LEVY
REPORT FOR, AND ORDER THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN, CITY OF PALM DESERT BENEFIT
ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2018-2019.
Mayor Jonathan recused himself from this item, because he has ownership
interest and property in this District and left the Council Chamber.
City Treasurer Thomas Metz noted the staff report, stating Landscape
Supervisor Randy Chavez and representatives from Willdan & Associates
were available to answer questions.
Acting Mayor Harnik declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter. With no public testimony offered, she
declared the public hearing closed.
Councilmember Kelly moved to waive further reading and adopt Resolution
No. 2018 - 49, approving the Final Engineer's Annual Levy Report for, and ordering the
levy and collection of assessments within, City of Palm Desert Benefit Assessment District
No. 1 for FY 2018-2019, pursuant to provisions of The Benefit Assessment Act of 1982.
Motion was seconded by Nestande and carried by a 3-0 vote (AYES: Kelly, Nestande, and
Harnik; NOES: None; ABSENT: Weber and Jonathan).
C. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S ANNUAL LEVY
REPORT FOR, AND THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS WITHIN, CONSOLIDATED PALM DESERT
LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO. 1 FOR
FISCAL YEAR 2018-2019.
Mayor Jonathan recused himself from this item, because he has ownership
interest and property in this District and left the Council Chamber.
City Treasurer Thomas Metz noted the proposed Resolutions for approval
and offered to answer questions.
Acting Mayor Harnik declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter. With no public testimony offered, she
declared the public hearing closed.
Councilmember Kelly moved to waive further reading and adopt: 1) Resolution
No. 2018 - 50, approving the Final Engineer's Annual Levy Report for Consolidated Palm
Desert Landscaping & Lighting Maintenance District No. 1 for FY 2018-2019; 2) Resolution
No. 2018 - 51, ordering the levy and collection of annual assessments within Consolidated
Palm Desert Landscaping & Lighting Maintenance District No. 1 for FY 2018-2019. Motion
was seconded by Nestande and carried by a 3-0 vote (AYES: Kelly, Nestande, and Harnik;
NOES: None; ABSENT: Weber and Jonathan).
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D. REQUEST FOR APPROVAL OF THE MANAGEMENT DISTRICT PLAN
FOR, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN, THE PRESIDENT'S PLAZA I PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT FOR FISCAL YEAR 2018-2019.
City Treasurer Thomas Metz noted the proposed Resolutions for approval
and offered to answer questions.
Mayor Jonathan declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter. With no public testimony offered, he
declared the public hearing closed.
Councilmember Kelly moved to waive further reading and adopt: 1) Resolution
No. 2018 - 52, approving the Management District Plan for President's Plaza I Property
and Business Improvement District for FY 2018-2019; 2) Resolution No. 2018 - 53,
ordering the levy and collection of annual assessments within the President's Plaza I
Property and Business Improvement District for FY 2018-2019. Motion was seconded by
Nestande and carried by a 4-0 vote (AYES: Harnik, Kelly, Nestande, and Jonathan; NOES:
None; ABSENT: Weber).
E. REQUEST FOR APPROVAL OF THE MANAGEMENT DISTRICT PLAN
FOR, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN, THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT FOR FISCAL YEAR 2018-2019.
City Treasurer Thomas Metz noted the proposed Resolutions for approval
and offered to answer questions.
Mayor Jonathan declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter. With no public testimony offered, he
declared the public hearing closed.
Councilmember Harnik moved to waive further reading and adopt: 1) Resolution
No. 2018 - 54, approving the Management District Plan for the President's Plaza III
Property and Business Improvement District for FY 2018-2019; 2) Resolution
No. 2018 - 55, ordering the levy and collection of annual assessments within the
President's Plaza III Property and Business Improvement District for FY 2018-2019.
Motion was seconded by Kelly and carried by a 4-0 vote (AYES: Harnik, Kelly, Nestande,
and Jonathan; NOES: None; ABSENT: Weber).
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F REQUEST FOR APPROVAL OF RESOLUTIONS RELATED TO ADOPTION
OF THE FISCAL YEAR 2018-2019 BUDGET AND CAPITAL
IMPROVEMENT PROGRAM (JOINT CONSIDERATION WITH THE
PALM DESERT HOUSING AUTHORITY).
Ms. Moore stated that in May the City Council met for two fascinating study
sessions about the budget. Staff is asking for approval of the Annual
Budget, General Fund, the Five -Year Capital Improvement Budget, and all
the other City funds. The primary fund used to fund the City's operations is
the General Fund, and it is balanced as it stands with approximately
$58 million in anticipated revenues and slightly less for estimated
expenditures with a small surplus. Both revenue and expenditures increased
approximately 3% over Fiscal Year 2017-2018. The largest portion of the
General Fund Budget is the public safety portion, which is $35.5 million of
the budget this year. The Budget also includes a five-year capital
improvement budget and the first year's program budget is estimated at $23
million. Funding is identified for all of the projects. Staff has a couple of
informational items to bring to Council's attention with respect to the
Reserves. She recalled for the City Council that at the study session there
was extensive conversations about the Reserves and methods by which the
City would allocate to certain funds. Staff will bring forward a report with
comprehensive information on those reserves at a future meeting in August
or September. Secondly, another item staff will bring forward for Fiscal Year
2018-2019 is a request for the City Council to consider whether or not it
would like to go out for Request For Proposals for a fee study. She
concluded her presentation by stating there were no other substantial
changes to the Budget from what was presented at the study session. She
offered to answer questions.
Ms. Aylaian called attention to two additional items as follows: 1) The Palm
Desert Employee Organization Memorandum of Understanding (MOU) was
supposed to have been included in the packet, but it was not. However, it
was provided to the City Council today, stating she hoped they had an
opportunity to read it. Essentially, the MOU reflects that a Cost of Living
Allowance (COLA) will be provided in the amount of 2% this year, and 2% for
next year, with the Consumer Price Index (CPI) not revisited until the
following year; 2) A memorandum was provided to the City Council regarding
requests made by The Living Desert and the McCallum Theatre for
partnership with them and the programs they provide for the City, residents,
and visitors. Their programs were discussed at the study session, but were
not resolved at that time. The Living Desert request includes a $200,000 per
year for each of the next five years. Additionally, the McCallum Theatre
requested $200,000 per year for each of the next six years. Both of these
requests are included in the Capital Improvement Program Budget. If the
City Council approves the Budget as presented, these two items will come
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back with specific agreements regarding how the money would be used. It
will also be the opportunity for Council to have greater discussion and
consideration on the two allocations. For now, those two allocated amounts
are included in the Budget as proposed.
Mayor/Chairman recalled that the initial request from both entities was for
Capital Improvement Projects, but it was determined that because it was for
a capital improvement project, it would trigger prevailing wage requirements.
He asked if the memo indicates the benefit of its donation might be
exceeded by an increase cost resulting in prevailing wages. Therefore, he
believed the City needed to come up with a Plan B. He said ideas were
floated at the study session, and he understands parties will come up with
an agreement for the recognition the City will receive in exchange for the
donation, but what if it doesn't. He questioned if by approving the proposed
budget this evening, did it commit the City to the contribution.
Ms. Aylaian answered no, stating approval allocates the money should the
City Council approve an agreement in the future.
Councilmember/Member Kelly inquired about the allocation for a new Palm
Desert iHub, questioning if discussions and research were ongoing for the
City to make that happen.
Ms. Aylaian said it was very actively being pursued.
Councilmember/Member Kelly asked staff to share some information about
Palm Desert's current posture on Unfunded Pension Liability, because it's a
topic the public always seems to be interested in.
Ms. Moore stated last year at the end of Fiscal Year 2016-2017, Council
authorized a one-time payment. In addition, Council has taken a different
stand with regard to paying on an ongoing basis on Unfunded Liability. The
City will now pay it up -front in July prior to July 31, which brings a fair amount
of savings to the City. However, with all of those new things the City has
done, and the payments that have been made, Unfunded Liability is
approximately $34 million, established by an Actuary she just received. At
this time, she only had a draft report, but it places the City at 71% funded,
which is significantly up from a prior year funding, which was at 66%.
Therefore, staff has seen an increase by making those payments. Staff has
not seen the effects of the reduction of the discount rate from 7.5% to 7%,
but it is being watched as staff tries to make every effort to mitigate that by
making extra payments when it can. The Actuary report provided the City
some options with respect to amortization, which she will include in the
packet when Council receives the Reserve Study. One of the reserves
identified was employee benefits' stability, so it's one of the things Council
might see as an option. By increasing payments throughout the next several
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years, the City could see significant savings from that Unfunded Liability.
Although, staff will not be making a recommendation as to any future
contributions, it wanted Council to have the information so it could see there
could be a savings if the City pays on a routine basis for the next few years
up -front for that pension. She has looked at the rates for the next several
years, and the normal rate will continue to go up, which was a little over 11 %
this year, and she saw an estimate of 13%. Those rates are not related to
the Unfunded Liability, those are only the normal rates, but those will go up
as well.
Mayor/Chairman recalled that a couple of years ago at the Audit, Investment
& Finance Committee, there was discussion whether it would make financial
sense to pay down the liability significantly or completely, and at that time,
there was an elaborate explanation that it was not financially beneficial. He
asked if staff was periodically reviewing that question, and was it still not to
the City's benefit financially to make a significant or complete pay down of
the Unfunded Liability.
Ms. Moore replied she wasn't sure what context that discussion was about,
and she's not positive that not paying the Liability is to the City's benefit.
Keep in mind the discount rate being 7%, 7.38 %, or 7.5% is also the rate the
City is paying on that money it owes CaIPERS, which is a fair amount. It's a
little bit of a misnomer to say you could pay off the pension liability, because
a neighboring city attempted to do so, and within a year they had an
unfunded liability, which was due to the changes in CaIPERS and the actual
assumptions it makes every year. Again, she would not say that it would not
be beneficial to the City to pay it off, but that it should make efforts toward it,
and it has to the extent possible. Her concern continues to be, in what she
would call, a consistent payment over a period of time. She is concerned
about the normal pension rate going up, because it's also impacted by new
salary plans, which also affects the employer rate. Mainly, because
CaIPERS is expecting a minimum amount to be paid toward the amount due
to pay pensions in the future. At the end of the year, she and Assistant
Finance Director look to see if there are monies available for the City Council
to consider as a payment to CaIPERS.
Mayor/Chairman Jonathan declared the public hearing open and invited anyone
wishing to address this matter to come forward at this time.
MR. ALLEN MONROE, President/CEO of The Living Desert (TLD), stated
they have been proud members of the community for almost 50 years. They
are grateful for the support received from the local community both the
residents and City government. They have been growing in recent years,
finishing their fiscal year with their fourth year in a row of record setting
attendance with more than 450,000 guests; this includes all age groups.
They are especially proud of the more than 100,000 school -aged children
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that have an opportunity to visit the park and learn about the natural world.
He said TLD is a critical part of the tourism infrastructure in the Valley that
supports local hotels, restaurants, resorts, and local businesses. It
generates almost $50 million a year in economic development back into the
local business community. To improve the park and care for the next 50
years, they are currently investing $30 million into their facility to improve the
guest experience. The first phase includes the new entry complex that will
vastly improve ticketing and membership services, and a new gift shop and
garden space, which will open this fall. Of course, the City Council will
receive an invitation to that opening on November 2, 2018, at 11:00 a.m.
The second phase of construction will include new habitats for lions and
rhinos to help tell the conservation stories of those critically endangered
species. They are asking the City of Palm Desert to help them continue their
tradition of excellence by supporting their programs and ensuring the world
is a better place. It's an investment that pays real dividends to the City. The
money will be spent wisely, because TLD is the only nonprofit in Palm Desert
that receives a four -star rating from Charity Navigator, a third -party impartial
service that looks at overhead costs, transparency, and success in
accomplishing their mission. He hopes the City Council will continue to give
them the support they need to build toward a brighter future.
Mayor/Chairman Jonathan noted that part of TLD is physically situated in the
City of Indian Wells, stating he assumed Mr. Monroe has spoken to those
folks requesting their level of support.
MR. MONROE replied they have made a request and they are still working
on the details.
Mayor/Chairman Jonathan thanked Mr. Monroe for all the hard work and the
contribution in making Palm Desert so special.
With no further testimony being offered, Mayor/Chairman declared the public
hearing closed.
Councilmember/Member Harnik stated she talked to the Director of Finance
regarding the following issue she is proposing for consideration. She noted
that a couple of weeks ago the City Council received from the City Manager
a report on the Jacqueline Cochran Regional Airport Authority. She said this
was the first year she has been a representative on that Joint Powers
Authority (JPA), and she went back and looked at the bylaws and slowly but
surely, all power from that JPA was taken from the participants. To the point
now that Palm Desert or any other member of that JPA is strictly advisory.
When you attend meetings, you are informed as to what is going to happen.
She suggested not joining the JPA, stating the City of Indian Wells is also
making that consideration. There may come a time when that airport is really
important to the growth of the east valley and perhaps members of that JPA
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have some power in the direction of development, but at this point it doesn't.
If it changes, the City can review it at that time. She requested $12,500 be
taken out of the General Services line item and use it elsewhere, because
she doesn't see a return on investment. Secondly, the City sponsors
Coachella Valley Economic Partnership (CVEP) with $50,000 every year.
She requested staff get the check out to them as soon as possible, adding
they did a remarkable job of getting the check to them last year, and it would
be great if they could do it again this year.
Councilmember/Member Kelly questioned if it might be more seamless to
request that the City's continued participation in the Jacqueline Cochran
Authority be agendized as a specific topic rather than just deleting the budget
line.
Councilmember/Member Harnik replied it wasn't a budget line, it was a piece
of a specific budget line. At this time, she requested not to renew for this
year. If Council wants to revisit for next year that would be fine, but for this
year she was suggesting the City not give them the $12,500, stating there
are better uses for those funds.
Councilmember/Member Kelly asked if Council will need to separately
address at some point whether it will continue to be part of the JPA.
Mr. Hargreaves said he hasn't reviewed the agreement, so he didn't know
exactly what commitment was made there, but typically the JPA adopts an
annual budget and then they go back to constituent cities for approval of
their budget. At this point, if the City deletes that item from the budget, it can
notify the JPA. If they have a response, they can always be added to the
agenda at a subsequent time. Approval of today's budget is not necessarily
a definitive action and/or the alternative can be to leave it in the budget, but
not act upon it, and schedule the topic at a subsequent meeting to figure out
what the whole situation is about.
Councilmember/Member Harnik reiterated the City had absolutely no power
in it and it didn't strike her as well -spent funds. She said this issue can be
reviewed every year if there is a change or need.
Mayor/Chairman Jonathan said he liked the fact that if the JPA had an
objection, they still have the ability to come to the City Council, and Council
could change its mind as well. He thanked Ms. Moore and the finance team
on a balanced budget that is a substantially a work of art. He added that
every year the City gets audited and everything is clean, and it gets awarded
with a badge of excellence.
Councilmember/Member Harnik, moved to: 1) Waive further reading and adopt:
a) Resolution No. 2018 - 56, adopting the Budget and Capital Improvement Program (CIP)
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for the Fiscal Year of July 1, 2018, through June 30, 2019, as amended with deletion of the
Jacqueline Cochran Regional Airport Authority Dues ($12,500); b) Resolution No.
2018 - 57, establishing the Appropriations Limit for the Fiscal Year 2018-2019;
c) Resolution No. HA - 86, adopting a Palm Desert Housing Authority Budget for the Fiscal
Year of July 1, 2018, through June 30, 2019; d) Resolution No. 2018 - 58, the Staffing
Allocation and Salaries Resolution, setting the FY 2018-2019 Salary Schedules, Salary
Ranges, and Allocated Classifications; 2) By Minute Motion: a) As unanimously approved
by votes cast by the Palm Desert Employees Organization (PDEO) Members, approve a
side letter, dated June 28, 2018, to the Memorandum of Understanding (MOU) with the
PDEO dated June 8, 2017; b) approve Out -of -State Travel, as listed in the attached
memorandum of the same name. Motion was seconded by Nestande and carried by a 4-0
vote (AYES: Harnik, Kelly, Nestande, and Jonathan; NOES: None; ABSENT: Weber).
XX. ADJOURNMENT
With City Council concurrence, Mayor Jonathan adjourne eeting at 7:39 p.m.
ATTEST:
RA HELLE D. KLASSEN, _ ITY CLEK
CITY OF PALM DESERT, CALIFORNIA
SABBY JNAMAN, MAYOR
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