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HomeMy WebLinkAbout2018-03-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 8, 2018 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Jonathan convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jan C. Harnik Councilmember Kathleen Kelly Councilmember Gina Nestande Mayor Pro Tem Susan Marie Weber Mayor Sabby Jonathan Also Present: Lauri Aylaian, City Manager Robert W. Hargreaves, City Attorney Rachelle D. Klassen, City Clerk Lori Carney, Director of Administrative Services Russell Grance, Director of Building & Safety Ryan Stendell, Director of Community Development Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Finance/City Treasurer Tim Jonasson, Interim Director of Public Works John Cortez, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Lt. Matt Martello, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. M. Gloria Sanchez, Records Technician III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2018 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite No. 102, Palm Desert Negotiating Parties: Agency: Lauri Aylaian/Janet M. Moore/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Coachella Valley Economic Partnership Under Negotiation: x Price x Terms of Payment Ms. Aylaian requested City Council's consideration of adding an item to the agenda by four -fifths vote, which had presented itself after posting of the agenda. 2) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite No. 120, Palm Desert Negotiating Parties: Agency: Lauri Aylaian/Janet M. Moore/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Advantec Engineers Under Negotiation: x Price x Terms of Payment On a motion by Harnik, second by Nestande, and 5-0 vote of the City Council (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the aforementioned Property Negotiation was added to the City Council agenda for Closed Session. B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 C. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: Agency Representative: City Manager and/or Director of Administrative Services Unrepresented Employee: Director of Public Works With City Council concurrence, Mayor Jonathan adjourned the meeting to Closed Session of the City Council at 3:02 p.m. He reconvened the meeting at 4:02 p.m. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2018 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Gina Nestande VII. INVOCATION - Councilmember Kathleen Kelly VIII. AWARDS AND PRESENTATIONS A. PRESENTATION OF PROCLAMATIONS TO PALM DESERT HIGH SCHOOL WORLDQUEST COMPETITION TEAM MEMBERS, DECLARING THURSDAY, MARCH 8, 2018, IN HONOR OF MATTHEW CHANG, PATRICIA DAN, JOSHUA PHILLIPS, AND DANIELLE HJERPE. On behalf of the City Council, Mayor Jonathan presented the proclamation to the WorldQuest Competition Team Members. He said Council was so proud of them because there is so much attention on sports and other types of competition, and sometimes intellectual and academic ones are not given as much weight, but not here in the City of Palm Desert. He said the youth is the future of this community and the world, and with students like those in the Worldquest Competition, he knew the future was in good hands. He added that the team was on their way to Washington D.C. to compete nationally. B. PRESENTATION OF PROCLAMATION DECLARING APRIL 8 - 14, 2018, AS "CRIME VICTIMS' RIGHTS WEEK" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Jonathan presented the proclamation to District Attorney Mike Hestrin from the Riverside County District Attorney's Office. Mr. Hestrin thanked the Mayor and City Council for this recognition, stating often the forgotten side of what they do in seeking justice is the plight of the victim. There was a time not long ago where victims didn't have the right to even attend court hearings or much less be heard in a courtroom where they themselves or a member of their family was a victim of crime. He said the justice system has come a long way, and it was due to the hard work of the people that stand up for victims' rights and being recognized by city councils, cities, and people all over the country that progress has been made. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2018 IX. ORAL COMMUNICATIONS - B MR. RICHARD KNAPP expressed his support of Denise Latini, the Registered Nurse who runs the Eisenhower Memory Care Center. His intent is to bring awareness of that facility that attends to 30 to 35 people every week from 7:30 a.m. to 5:00 p.m. He said you can pay to have someone look after your loved one in a safe environment. There is also an Alzheimer's Support Group that meets every Thursday, because one of the statistics is that 70% of caregivers will not survive the person they are taking care of due to the stress. He hopes the City will mention the Center in their BrightSide Newsletter, adding that he left information at the Visitor Center and with the City Clerk. Mayor Jonathan noted the City's Public Information Officer, Dave Hermann, will follow-up and take the next step. MR. WALLY MELENDEZ approached the City Council to inform them that the faucets in the men's restroom are an old style, and there are newer more modern ones that would be healthier for people to use. He noted he's originally from Texas, and when he came to California he learned about the Ralph M. Brown Act where citizens can address a group of elected officials for three minutes, which he thought was a great thing. X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY A. Councilmember Jan C. Harnik Committee Reports and General Comments. 1. Alzheimer's Walk - announced the event will be taking place on April 7 at the Civic Center Park. She said it was a good time to pull together your teams, because it's an important walk. She said Alzheimer impacts many in one way or another. 2. Field Dav - March 10. 2018 - announced that Palm Desert Youth Sports Association (PDYSA) will open up the baseball season with the "Field Day" event at Palm Desert Civic Center Park. She noted the In-N-Out Burger Food Truck will be there. 3. Honorina Mary Helen Kelly - reported that Ms. Kelly will be honored at the Sister Cities Luncheon at Desert Willow Golf Resort on March 15, 2018, for the myriad of things she has done for the City. She hopes people will take the time to thank her for all she's done. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2018 B. Councilmember Kathleen Kelly Committee Reports and General Comments. 1. SunLine Transit Board - reported that SunLine was more than just a bus company, even though that is the most visible activity. It does indeed have a broad range of transportation related initiatives, and one of those is not nearly as well known, which is the Taxi Voucher Program. If you are 60+ years of age or disabled, you can go to the SunLine main office on Harry Oliver Trail, complete an application, and become part of the Taxi Voucher Program. Under that program, as much as $75.00 a month will be doubled on a card toward taxi rides. So, if you or someone else needs those services, please spread the word about the Program. 2. SunLine Pilot Program - shared that SunLine is working on a pilot program to help people get to the main arteries that are serviced by frequent buses, and as more information is known, she will share accordingly. C. Councilmember Gina Nestande Committee Reports and General Comments. None D. Mayor Pro Tem Susan Marie Weber Meeting Summaries Report for the Period of February 12-25, 2018. With City Council concurrence, the Meeting Summaries Reportwas received and filed. 1. Eisenhower Memory Care Center - visited the facility and was very honored that they allowed her to sit in on their support group meeting. She said everyone needed to be reminded that this service and facility are located in Palm Desert. She said this was sort of a day care for adults where they are well -taken care of and they are given activities to do. She thanked Mr. Knapp for coming in today on behalf of Ms. Denise Latini from the Eisenhower Memory Care Center to inform the public about the facility. 2. State of the City Address - Congratulated Mayor Jonathan and Senior Management Analyst David Hermann for the phenomenal and well - received presentation. She said it was a one -of -a -kind State of the City address and it will be a hard show to follow. She noted the presentation will be available on the City's website. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2018 E. Mayor Sabbv Jonathan Committee Reports and General Comments. 1. CV Link Ribbon-Cuttina - attended the Cathedral City event. He said staff is working and collaborating with Coachella Valley Association of Governments (CVAG) to develop the route through the City of Palm Desert. He hopes to see construction begin in the next 12 months. 2. Desert Community Energy (DCE) Committee - attended the meeting along with Councilmember Kelly, stating they are looking to July for the roll out of the actual implementation. 3. State of the Citv Address - thanked Senior Management Analyst David Hermann, Tourism and Marketing Manager Thomas Soule, and Vanessa Torres from the Palm Desert Chamber of Commerce for making it so successful. He said the Chamber did an outstanding job of setting up the room. He added that his objective was to make Palm Desert shine, because it's a special place, and he believed that goal was accomplished. 4. Wildflower Festival - a shout -out to Tammy Martin and the volunteers, because in spite of the challenging weather the event was very successful. He noted this event was part of the First Weekend Series of events. 5. Path of Life Ribbon -Cutting - attended the office opening in Palm Springs. He noted there will be more offices opening up, in that the Cathedral City and Desert Hot Springs offices are already secured. He commented that Path of Life is already having success in their fight against homelessness. 6. Coffee with the Mavor - said these are held monthly, and the one held this morning was at Hotel Paseo. It was well attended, and many of the people he met were new to the Desert and they are getting involved with the City, and they are learning about the committees/commissions. The next one is scheduled for April 12 at The Living Desert Reserve. He thanked the folks at Hotel Paseo for doing a great job of hosting the event. F. City Council Requests for Action. None G. City Council Consideration of Travel Requests/Reports. None 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2018 Xl. STAFF REPORTS AND REMARKS A. City Manager 1. City Manager's Meeting Summaries Report for the Period of February 12-23, 2018. With City Council concurrence, the Meeting Summaries Report was received and filed. 2. Request for Appointment of Councilmember(s) to Participate in the Ad Hoc Subcommittee Review of Seasonal Lighting & Decor Program Proposals Received in Response to the Current Solicitation. Ms. Aylaian stated staff was looking for two volunteers from the City Council to serve on an Ad Hoc Committee to take a look at seasonal lighting and decor. This is the lighting that typically lines El Paseo, Highway 111, Civic Center Park, and City Hall during the holiday season. The decor typically lasts about five years, at which time the City goes out for request for proposals, and then the ad hoc committee reviews the companies and their portfolios for qualifications. She said this would be a weighted assignment. Councilmember Harnik and Mayor Pro Tem Weber volunteered. With City Council concurrence, Councilmember Jan C. Harnik and Mayor Pro Tem Susan Marie Weber were appointed to participate in review of proposals received for the City's Seasonal Lighting & Decor Program. B. City Attorney None C. City Clerk None D. Public Safety 1. Fire Department None 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2018 2. Police Department None XII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 22, 2018. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Dated 2/9/2018. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 2/2/2018 and 2/23/2018 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meetings of September 26 and November 28, 2017. 2. Cultural Resources Preservation Committee Meeting of December 12, 2017. 3. Youth Committee Meeting of January 8, 2018. Rec: Receive and file. E. LETTER OF RESIGNATION from Courtney Lingle — Citizens' Sustainability Committee. Rec: Receive with very sincere regret. F COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of September, October, and November 2017 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2018 G. REQUEST FOR APPROVAL of the Selection of The Hartford as City of Palm Desert's Provider for Life, Accidental Death & Dismemberment, Long - Term Disability, and Short -Term Disability Insurance Products (Contract No. C36760). Rec: By Minute Motion, approve selection of The Hartford as City of Palm Desert's provider for Life, Accidental Death & Dismemberment, Long -Term Disability, and Short -Term Disability insurance products, and authorize City Manager to execute an application for coverage and related agreements necessary to effectuate this request. H. REQUEST FOR APPROVAL of a Memorandum of Understanding Between City of Palm Desert and Riverside County Department of Environmental Health for Plan Review Services for Onsite Wastewater Treatment Systems (OWTS) (Contract No. C36770). Rec: By Minute Motion: 1) Approve Memorandum of Understanding (MOU) between City of Palm Desert and Riverside County Department of Environmental Health for Plan Review Services for OWTS; 2) authorize City Attorney to make non -substantive changes and City Manager to execute the MOU. Upon a motion by Harnik, second by Weber, and 5-0 vote of the City Council (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the Consent Calendar was approved as presented. XIII. CONSENT ITEMS HELD OVER None XIV. RESOLUTIONS A. RESOLUTION NO. 2018 - 14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING USE OF LIVE SCAN TECHNOLOGY TO ASSIST THE CITY IN IMPLEMENTING ITS CANNABIS BUSINESS REGULATORY PERMIT REGULATIONS. Ms. Carney recalled for the City Council that when the City adopted the Cannabis regulations, one of the things included was a criminal background investigation. In order to obtain the records needed to conduct that investigation, the City needs authorization from the Department of Justice to receive criminal record information for that specific purpose. The City currently has permission to receive that information for employment 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2018 purposes. The proposed Resolution was drafted by the City Attorney and has been reviewed by the Department of Justice . Councilmember Harnik moved to waive further reading and adopt Resolution No. 2018 - 14. Motion was seconded by Kelly. Mayor Pro Tem Weber noted she's had several live scan background checks done, and sometimes the report goes directly to the person requesting it with a short statement that it found no problem based on the criteria. She asked if the City would be receiving a short statement or the actual report. Ms. Carney replied the City would be receiving the actual records. Further responding, she said the information will be sent to the Custodian of Records (COR). For example, she's the COR for employment related requests, and Mr. Eric Ceja will be the COR for this purpose. Records will be securely sent to the City electronically from the Department of Justice (DOJ). She said the City has to have a background investigation to be certified and held to individual standards in order to care for that information. If the records are printed, they must be kept in a locked filing cabinet in a locked room, and no one else can have access to it except the COR. As the COR for employment purposes, she reviews the records and determines if the applicant meets the standards for employment with the City of Palm Desert, but she doesn't share them with anyone. The same will be true with the Cannabis applications, and the regulations specify what types of things would be disqualifying. Mr. Stendell concurred, stating some time ago, the City also employed a third party consultant. Therefore, the custodian of records is basically a conduit to the City's third party contractor. Ms. Carney offered that this Resolution specifies the City cannot share the information with a vendor, so staff will have to decide whether this person meets the criteria before handing off the application; it's a technical difference. Mayor Pro Tem Weber said it was an important difference, because things have been hacked and information has been released, so she's concerned with a whole lot of people applying for something and the City receiving private information. She heard staff say there are four areas that would disqualify an applicant, therefore, why couldn't the City direct the DOJ to indicate if any of the four areas exist, and if they do, the City would disqualify based on that outcome. Then it's up to the applicant to prove to the City that it was in error. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2018 Ms. Carney replied that the DOJ does not provide that type of service. What they do is provide the records, and as a government agency, the City is allowed to use those records for specified purposes. One of those purposes being specified is license insured and permitting. For example, the City requires live scan for massage permitting, which used to be administered by the City, but now it's administered through Coachella Valley Association of Governments (CVAG). The way it works is that one will log into the DOJ system and view these records, and many times it will say there are no reportable records to review or it will list them out. Then one makes a decision and determine if the records are disqualifying. If the records are found to be disqualifying, one would be required to provide a copy of the record to the applicant. Then, the applicant can dispute the information or do whatever their next step is. She pointed out the City maintains private and confidential information on a wide variety of subjects, in that it has a number of regulatory permits and employment records, etc. She understood there was an issue with a document that was released to the public that shouldn't have been, however, she was confident that particular issue has been addressed, adding that records kept on behalf of the public and employees are secure. Responding to question as to how long records will be kept, she said records are kept in accordance with the City's records retention schedule. For employment, records are kept until the individual is no longer employed and seven years later the records are destroyed. Mr. Hargreaves added that records are viewed on the DOJ website and not necessarily downloaded. Ms. Carney agreed, stating records will only be printed if there is a disqualifying area where you then have to provide the applicant with a copy of the report. Mayor Pro Tem Weber said she understands that if a record is printed, it would be locked up, otherwise, there is no reason to print it. However, if there is a disqualifying area, a copy will be provided to the applicant. In other words, nothing can be hacked or seen. Councilmember Kelly pointed out that if the City rejects an applicant, the City would have to keep a copy of the records to show the grounds for rejecting them, including sharing the records with the applicant. She said the City would have to keep a trail in case it is challenged. Mayor Jonathan offered that in terms of the bigger picture, criminal background check for cannabis license/applications is mandated by the State and the City's Ordinance. Therefore, it's a requirement and live scan is typically the process by which criminal background checks are conducted, and the objective is to ensure confidentiality of sensitive and personal 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2018 information and Council was getting assurances from staff that it's doing all that it can. Councilmember Harnik thanked the Mayor for clarifying that point. Mayor Jonathan called for the vote and the motion carried on a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). XV. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1335 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPLACING CHAPTER 3.30 IN ITS ENTIRETY AND REPEALING CHAPTER 3.32 (RESCINDING ORDINANCE NOS. 224, 423, 586, 927, 928, 986, 1162, 1166, 1204, 1229, 1276, AND 1317) RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS. Ms. Moore noted this was the second reading of the Ordinance and there have been no changes since the first reading of the Purchasing Ordinance. Councilmember Kelly moved to waive further reading and adopt Ordinance No. 1335. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). XVI. NEW BUSINESS None XVII. CONTINUED BUSINESS None XVIII. OLD BUSINESS None 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2018 XIX. PUBLIC HEARINGS None XX. ADJOURNMENT With City Council concurrence, Mayor Jo ATTEST: RAC ELLE D. KLASSEF VCITY CLE " K CITY OF PALM DESERT, CALIFORNIA han adjourned the meeting at 5:35 p.m. i SA B\( J • L THAN, MAYOR 13