HomeMy WebLinkAbout2019-06-27MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 27, 2019
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Weber convened the meeting at 3:01 p.m.
II. ROLL CALL
Present:
Councilmember Jan C. Harnik
Councilman Sabby Jonathan
Councilmember Kathleen Kelly
Mayor Pro Tem Gina Nestande
Mayor 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
Tom Garcia, Director of Public Works
Stephen Y. Aryan, Risk Manager
Ty Davis, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire
Mike Beverlin, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Caf Fire
M. Gloria Sanchez, Management Specialist II
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
MR. CHARLIE ARA, Palm Desert, stated he was here today to present a petition,
signed by several residents of the City who are in favor of changing Palm Desert
City Council Elections from the present at -large to a by -district system; he was also
aware of some pending litigation on this issue. Referring back to the petition itself,
he, along with several others, believed the City should adopt the by -district Election
System as a matter of fairness and effective representation at the local level. He
said this action would be within the letter and spirit of the California Voting Rights
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2019
Act — bringing voting and election of officials down to the local level. In addition, as
a matter of fiscal responsibility, he believed the City should make this change to
bring the lawsuit to an end before it becomes liable for huge legal fees, like those
awarded against other cities choosing to fight similar lawsuits. Although, as he's
stated in previous appearances, his group wished to acknowledge the excellent
work done by both past and present City Councilmembers, as this was a marvelous
city. But like all things, demographics and situations change, demanding that a
good look be given some of the ways that business is done — that being adoption
of by -district City Council Elections to replace the at -large method in Palm Desert.
MR. LINDA SALAS, Palm Desert, indicated she came forward today to support
Mr. Ara's request for by -district elections, because it would be easier to
communicate any concerns she had to people who were living within her
neighborhood. She liked the idea of electing someone from her immediate area,
bringing local government closer to the people it serves, which she was sure was
the same goal shared by all.
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(d)(1):
1) Lorraine Salas and Karina Quintanilla v. City of Palm Desert,
Riverside County Superior Court, Case No. PSC 1903800
B. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.90)(2):
Number of potential cases: 2
C. Public Employee Performance Evaluation pursuant to Government Code
Section 54957:
Title of Position: City Manager
With City Council concurrence, Mayor Weber adjourned the meeting to Closed
Session at 3:06 p.m. She reconvened the meeting at 4:05 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Hargreaves reported from the Closed Session just ended that direction
was given but no reportable actions were taken.
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VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Councilmember Kathleen Kelly
VII. INVOCATION/INSPIRATION - Councilmember Jan C. Harnik
VIII. AWARDS AND PRESENTATIONS
A. PRESENTATION TO THE CITY COUNCIL BY CAROL SCOTT ON BEHALF
OF THE CHILDREN'S DISCOVERY MUSEUM OF THE DESERT.
Ms. Scott, CEO of the Children's Discovery Museum of the Desert, provided
a PowerPoint presentation reflecting the year's activities, along with statistics
for 2019 to date. She noted that attendance currently stands at a total of
75,551 visits, representing visitors from 47 states and 11 countries She went
on to describe current programs, along with future plans in the works for the
Museum. She graciously thanked the City Council for all of its support and
for serving on the Board there, acknowledging Mayor Weber as the current
representative. (A copy of the presentation is on file and of record in the
City Clerk's Office.)
Mayor Weber and Councilmembers thanked Ms. Scott for taking time to
provide an update to them today.
B. PRESENTATION TO THE CITY COUNCIL BY JOHN PATRICK DOLAN,
DEAN OF THE CALIFORNIA DESERT TRIAL ACADEMY COLLEGE OF
LAW.
Mr. Dolan provided a detailed report about the desert's only law school that
he and some other resident law practitioners founded with the State Bar's
approval eight years ago. Curriculum provided prepares students to take the
first -year law students' exam ("Baby Bar"), then eventually the California Bar
exam. They have a 65% pass rate on the Baby Bar, compared to 20%
statewide; and a 44% pass rate on the California Bar, comparing favorably
with most schools, except Stanford and Harvard. Their facility offers three
court rooms for students to learn in and about - a trial court room that is also
a classroom, appellate court room, and a mock federal court room. Through
May 2019, there have been 24 graduates receiving doctorate degrees from
the California Desert Trial Academy College of Law (CDTACL); they just
received new accreditation guidelines and are in line to be accredited in the
State of California by this time next year. Faculty consists of lawyers and
judges from the Coachella Valley who come in at night, with classes held
Tuesday, Wednesday, and Thursday, and there are Saturday enrichment
r classes. The school and its participants also offer a low-cost legal clinic for
i issues, such as landlord -tenant disputes and credit card claims. He went on
it to say that the two biggest complaints about the legal profession today for
people who graduate from any program are that they have ridiculous student
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debt and cannot secure a job. CDTACL tuition is probably some of the lowest
in the state for a fixed -facilities school at $12,000/year, including books and
all, and by the time they graduate, students have met most of the people in
the legal community locally and some beyond. He offered to provide
updates on their progress as time goes along.
Mayor Weber and Councilmembers thanked Mr. Dolan for the informative
presentation.
C. ANNOUNCEMENT TO RECOGNIZE TODAY, THURSDAY, JUNE 27, 2019,
AS "PURPLE HEART DAY" IN THE CITY OF PALM DESERT, AS
DESIGNATED BY PREVIOUS PROCLAMATION.
Mayor Weber made such an announcement and reminded all to take note
of Purple Heart Day that was set and designated by the City Council in a
previous proclamation.
IX. ORAL COMMUNICATIONS - B
MR. JOHN PICK, Gateway Drive, Palm Desert, addressed the City Council to
encourage it to fully engage with DCE (Desert Community Energy). He attended
their recent meeting, learning that Palm Desert is holding back on full engagement
in the DCE process. He believed residents want the City to be a leader in clean
energy, with this being an important opportunity to do so. Therefore, he asked City
Council to reconsider its position of delaying implementation of DCE for electricity
in Palm Desert and to definitely go ahead with the purchase of City municipal
energy needs through DCE. He related that he and his wife moved to Palm Desert
from Upstate New York just two years ago; prior to moving here, they thought that
with the abundance of renewable energy potential in this area, things like DCE
would already be well established and running, reiterating his request of the City to
make it so for future generations to live in a better world.
MR. WALLY MELENDEZ, Coachella Valley resident, further pursued his request
from prior appearances that the Palm Desert City Council do whatever it can to get
College of the Desert (COD) offering a four-year bachelor's degree. He
emphasized that COD is the area's "homegrown" institution, and even though there
are other colleges and universities in the Coachella Valley, now including a four-
year law school as presented earlier in this meeting, COD still meant a great deal
to this area and its students, and should offer a bachelor's degree to those wishing
to eventually pursue the local law school.
X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY
A. Councilmember Jan C. Harnik Committee Reports and General Comments.
1. Leaaue of California Cities Executive Forum - attended last week's
educational event in Newport Beach, along with her colleagues
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Councilmember Kelly and Mayor Weber. Felt it was one of the best
she'd attended with particularly great information. Reported that one
of the breakout sessions covered pending legislation, which was
startling, at a minimum, with some of the things being talked about.
She urged everyone to pay attention to these developments and
make sure all voices are heard.
Later during Reports & Remarks, she noted that she had taken a lot
of notes during the Forum, would be printing them up and distributing
to her colleagues for their reference.
2. Lifestream's 9 Cities Challenge Blood Drive — announced that this
was the annual event where each of the nine cities in the
Coachella Valley have a blood drive and friendly contest for the most
donations. She related that two of the greatest sources of donated
blood for most of the year are high school students and 'snowbirds'.
Now that school was out and part-time residents were gone for the
summer, the need was great. Palm Desert's event will be held
July 13, 8:00 a.m. - 2:00 p.m. at Palm Desert Community Center.
She hoped everyone would take part to help save a few lives in a very
simple way. Additionally, she said for those who were unavailable on
July 13, if they go to one of the other donation sites and let them know
�.. it's intended for Palm Desert's total, they will count it as such. Upon
inquiry, she said unfortunately Palm Desert was not #1 last year, but
should be, with the number of residents who have good blood to
donate and save many lives.
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B. Councilman Sabbv Jonathan Committee Reports and General Comments.
1. Desert Community Energy - Community Choice Aaareaation -
attended the meeting on June 17. He explained DCE is a Joint
Powers Authority (JPA) that Palm Desert participates in with the
objective of encouraging and creating more green energy, either
resulting in some cost savings and/or utilizing proceeds to plow back
into the community. The entity is moving forward with an RFP
(Request For Proposals) for an organization (e.g. Lift To Rise) to
conduct community outreach in the three member cities of
Palm Springs, Cathedral City, and Palm Desert, encouraging
residents to sign up for the CARE (California Alternate Rates for
Energy) and FERA (Family Electric Rate Assistance) programs. He
said it requires some outreach, as many residents are unaware of the
availability of these income -based programs. With the 30% and 18%
rate reductions, respectively, estimated savings to the aforementioned
three cities would be between $1 million and $3.5 million per year out
there for the taking. Further, he said the Board voted to approve and
has an official Citizens' Advisory Committee, with each City allowed
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five citizen representatives; Palm Desert currently has four with one
vacancy. He encouraged anyone with an interest in promoting green
energy to apply for this opening. He added that the Board adopted
the 2019-2020 Budget, based accordingly on Palm Springs being the
only city electing to launch in the coming year. However, he said
Palm Desert needs to make a decision on City's municipal account for
the 100% green energy option. While this would probably result in a
utility bill cost increase of 6%-7%, it would move the City into 100%
clean energy. He would be asking for a related future agenda item at
the appropriate time later in this meeting.
2. CVAG Homelessness Committee - attended meeting on June 19.
Happy to report that effective July 1, Greg Rodriguez will be a full-time
CVAG (Coachella Valley Association of Governments) employee and
in charge of Homelessness Program, including moving from present
strategy into the collaborative recommended in the Barbara Poppe
report commissioned by Desert Healthcare District. Very good
development that will centralize and make the effort more efficient.
The Committee voted to extend the existing Path of Life contract that
was set to expire June 30 by four months to October 31, because it
didn't want to be committed past that date. It is expected that
evolution into the collaborative will be accomplished by then, but
keeping options open just in case. Even more newsworthy was that
the effort now has eight of the nine cities all in with their $100,000
contributions, noting that when he first joined the Committee, there
were three cities participating. With Desert Healthcare District's the
matching program, the cities' $800,000 put into the Homelessness
Program became $1.6 million, including the County's $362,000 and
Tribe's contribution, it amounted to over $2 million, which was
unprecedented.
Councilman Jonathan added there were other sources of revenue,
including that he represents the Coachella Valley on the
Riverside County Continuum of Care Board of Governance, which
oversees disbursement of $25 million of homelessness funding.
Following from that Board, there was occasion that $400,000
previously allotted became available after a recipient failed to qualify,
and he and Mr. Rodriguez spoke up to recommend that the
Coachella Valley be selected for it—$200,000 for the cooling centers,
now being built, and $200,000 for some other housing issues.
He went on to remind all that Palm Desert City Council committed to
funding two Behavioral Resource Specialists, coming on board July 1.
They will be dedicated full-time to the City of Palm Desert,
coordinating and working with the Sheriffs Department,
Code Compliance, Planning, COPs, and Path of Life in this effort.
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3. PDACC Annual Installation Dinner - attended event on Thursday,
June 20. Congratulated the Palm Desert Area Chamber of
Commerce for an amazing event and the City's very own Senior
Management Analyst Veronica Tapia for receiving the City's well -
deserved 2019 Award of Excellence. He went on to say that
Ms. Tapia's been with the City since 1997 and is personally
responsible for saving the City tens of millions of dollars. He
congratulated her and extended his personal gratitude for her
accomplishments on the City's behalf.
4. So Cal Cannabis Summit - privileged to attend this first -of -its -kind
event hosted by the City of Coachella. Palm Desert is one of five
cities in the Coachella Valley permitting the sale, distribution, and
cultivation of recreational cannabis. He was honored to be on a panel
discussion and very grateful to Principal Planner Eric Ceja for
providing valuable information that he used there. Conference was
immensely successful; it had a maximum capacity of 500, which sold
out one week prior and turned away almost 300. He foresaw this
event returning annually. For Palm Desert's consideration, the three
western cities have an informal working group, and there was talk of
including Palm Desert and Coachella. He believed Mr. Ceja will be
hearing from his counterparts in those three cities (Desert Hot
Springs, Palm Springs, Cathedral City) about participating.
5. Cove Communities Commission Meeting - noted that he and Mayor
Pro Tem Nestande attended the Commission Meeting on June 26,
and another public recognition he wanted to make was to Deputy
Joshua Smith, honored as an outstanding first responder -local hero
for his service to the City of Palm Desert. He added that the
Commission received a presentation by Richard Brady of the Matrix
Group, who authored the Regional Study for Shared Police Services
Contract, noting City Council previously authorized participation in that
analysis. According to the study, if the cities of Rancho Mirage,
Palm Desert, Indian Wells, and La Quinta entered in to a joint
contract, potential savings for all four together is $5.7 million annually,
without reducing public safety service quality. Palm Desert's share of
that savings would be about $2.5 million per year. The
Cove Commission felt that it was certainly worthy of pursuit, and the
direction was for staff of the four cities to get together and analyze the
report's recommendations in further detail. He suggested that
Palm Desert participate in that activity and bring it before the City's
Public Safety Commission for review, including Mr. Brady making a
presentation. Then staff would come before City Council with Public
Safety Commission's recommendation.
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C. Councilmember Kathleen Kellv Committee Reports and General Comments.
1. League of California Cities Executive Forum & Council Workshops -
reported on her experience at this educational event, pointing out that
the session that most caught her attention was about Emergency
Preparedness. Panelists there were City Managers from Malibu and
Santa Rosa, who shared their accounts after facing devastating fires.
In both cases, it boiled down to both cities believing they had
elaborate emergency preparedness plans. However, plans were
quickly ineffective, when they found too few people have land lines.
Once power was lost, people were unable to charge their cell phones,
leaving both cities with tremendous communication challenges.
Therefore, they're currently structuring neighborhood networks for the
future, so that word of mouth can supplement what technology is
sometimes unable to provide. She hoped that in their own planning,
City staff consults with cities that have faced actual disasters,
because they have great experience to impart.
D. Mavor Pro Tem Gina Nestande Committee Reports and General Comments.
1. Availability for Constituents — reminded all that she was available to
meet with any constituent; they can call her City Hall Office to set up
an appointment. Besides her regular meetings, on which her Council
colleagues had already reported matters of importance here, she was
happy to meet with the public and has met with several constituents
over the last two weeks about both agenda and non -agenda matters.
She said she has an open mind and encourages anyone wishing to
contact her and meet on such matters to do so.
E. Mavor Susan Marie Weber Meeting Summaries Report for the Period of
June 1-14, 2019.
Mayor Weber noted her Meeting Summaries Report in the agenda packets, and
with City Council concurrence, it was received and filed.
1. League of California Cities Executive Forum & Council Workshops -
adding to her colleagues' prior reports on this event, felt this annual
educational meeting was probably the most intensive of the League's
offerings. She said they present more facts and suggestions in a
short period of time that typically leave her head spinning afterward.
One of the things she learned this year was that whenever
Palm Desert participates, she comes away feeling very grateful for her
Council colleagues and staff. Many horrifying stories are shared, and
Palm Desert is fortunate to be able to communicate within the City
Council and with staff in such a manner that can often preclude things
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ipmei
getting out of hand. She reiterated her gratitude for all that
lbw Palm Desert has.
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2. Palm Desert Independence Dav Celebration - next week is July 4th,
and she reminded all of the City's world-famous celebration in Civic
Center Park. She encouraged everyone to mark their calendars for
a tremendous band concert and great time here that evening.
F. City Council Requests for Action.
1. Desert Community Energy - Councilman Jonathan asked staff to
review potential for the City to opt in with the 100% green participation
and come back to City Council with an analysis and recommendation.
2. Portola Community Center - Thanks! - Councilmember Harnik
expressed appreciation for the quick remedial action by City staff after
she'd mentioned broken signage at the Portola Community Center.
It now reflects Palm Desert appropriately again.
3. Burrtec Notice Regarding Recycling - Councilmember Harnik recently
received, along with everyone else, a postcard from Burrtec regarding
recycling, adding that she'd brought the issue up at a prior Council
Meeting. Previously she'd felt pretty well informed about recycling,
but after receiving the subject notice, didn't feel she was anymore.
She asked if the City could work with Burrtec to conduct some
educational events throughout the community to better inform
residents - a lot of changes are occurring, and people needed to know
about them.
G. City Council Consideration of Travel Requests/Reports.
None
XI. STAFF REPORTS AND REMARKS
A. City Manager
1. City Manager's Meeting Summaries Report for the Period of
June 3-14, 2019.
Ms. Aylaian noted the printed report provided in the agenda, and with City Council
concurrence, it was received and filed.
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2. Follow -Up Report on the Status of 44845 San Clemente Circle.
Ms. Aylaian called attention to the printed report provided for
44845 San Clemente Circle, in response to Councilmember Kelly's
prior request for information about demolition of this City -owned
property.
With City Council concurrence, it was received and filed.
3. Upcoming Mosquito Spraying.
Ms. Aylaian asked Risk Manager Stephen Aryan to report on the
upcoming activity.
Mr. Aryan announced that the Coachella Valley Mosquito and Vector
Control District (CVMVCD) continued detecting high numbers of
mosquitoes and virus -positive samples throughout the valley. In
response, the District had scheduled ultra -low volume adult mosquito
treatments by helicopter or truck in areas with strong virus activity
detected multiple times. This includes the City of Palm Desert.
Truck -mounted treatments were initiated in the City today and will
continue through Saturday, June 29, between 8:00 p.m. - 8:00 a.m.;
but based on current weather patterns, they anticipate it will more
likely be between 3:00 a.m. - 6:00 a.m. The broad window of time
allows for flexibility. Two specific routes were noted in Palm Desert
for neighborhoods: 1) Behind the Bristol Farms Center and those
along Hovley Lane West, between Monterey and Portola Avenues;
2) primarily within the Monterey and Chaparral Country Clubs. He
said although the District indicates that the pesticide and techniques
used pose low risks, they recommended that people who want to
avoid exposure as a best practice, stay inside or away from the
application area during and for 30 minutes afterward. Residents may
contact the District at (760) 342-8287 to report mosquito problems or
get additional information, or through their website: cvmvcd.org.
Upon inquiry by Councilmember Kelly as to methods being used to
convey this information, Mr. Aryan said the City's received e-mail
notification, as well as announcements on the District's website
indicating that they post notices along the routes where they'll be
spraying. Additionally, he said they have detailed information online,
showing route maps and press releases.
Councilmember Kelly acknowledged that the CVMVCD was not
controlled by the City of Palm Desert; however, in light of the above,
she felt most people would appreciate a more proactive, like door-to-
door leaflet distribution, to assure contact about the activity.
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Mr. Aryan offered to convey that information to the District, and
Ms. Aylaian said it could also be posted on the City's NextDoor
account. Further, Ms. Klassen noted that CVMVCD had requested
making a presentation to the City Council at its July 11 meeting, and
the City could offer suggestions for outreach at that time.
B. City Attorney
None
C. City Clerk
1. Reauest for Designation of Voting Delegate(s) and Alternate(s) for the
League of California Cities 2019 Annual Conference - Long Beach -
October 16-18.
Mayor Weber asked which Councilmembers were intending to
participate in the upcoming Conference, and all but Mayor Pro Tem
Nestande indicated their plans to attend. She asked for
volunteers/recommendations on appointees, and
Councilmember Kelly was recommended as Delegate, and
Councilmember Harnik volunteered to be the Alternate
Mayor Pro Tem Nestande moved to, by Minute Motion, appoint
Councilmember Kathleen Kelly as Voting Delegate and Councilmember Jan C. Harnik as
Alternate for the upcoming 2019 Annual League of California Cities Conference being held
in Long Beach, October 16-18. Motion was seconded by Councilman Jonathan and
carried by 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None).
D. Public Safety
1. Fire Department
None
2. Police Department
None
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XII. CONSENT CALENDAR
PALM DESERT CITY COUNCIL
A. MINUTES of the Regular City Council Meeting of June 13, 2019, and the
Adjourned Regular Meeting of June 17, 2019.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
Dated 5/31/2019, 6/7/2019, and 6/14/2019.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrant Dated 6/7/2019 (Joint Consideration with the Palm Desert
Housing Authority, Item X below).
Rec: Approve as presented.
D. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Art In Public Places Commission Meeting of April 10, 2019.
2. Parks & Recreation Commission Meeting of February 5, 2019.
3. Youth Committee Meetings for January -December 2016,
January -December 2017, and January -December 2018.
Rec: Receive and file.
E. REQUEST for Acceptance of the Resignation of Six (6) Palm Desert Youth
Committee Members and Appointment of Three (3) New Members for
Balance of 2019.
Rec: By Minute Motion: 1) Accept the resignations of Palm Desert
Youth Committee Members Umair Ahmad, Zachary Berenbaum,
Tim Fitzpatrick, Ismael Haile, and Lily Kim; 2) appoint
Georgette Jeffrey, Richard Post, and Nelly Valencia to the
Palm Desert Youth Committee to fill three (3) of the aforementioned
vacancies (term 12/31 /19).
F. REQUEST FOR ADOPTION of Resolutions - Setting Forth Findings and
Authorizing the Destruction of Paper Records that Have Been Digitally
Imaged from the City's Department of Building & Safety —
February -July 2017 Records.
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Rec: Waive further reading and adopt the following Resolutions:
1) No. 2019 - 31 - February 2017 Records; 2) No. 2019 - 32 -
March 2017 Records; 3) No. 2019 - 33 - April 2017 Records;
4) No. 2019 - 34 - May 2017 Records; 5) 2019 - 35 - June 2017
Records; 6) No. 2019 - 36 - July 2017 Records.
G. RESOLUTION NO. 2019 - 37 - 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 Community Development/Planning, to Rely On the Electronic
Record as the Official Record - Paper Files Dated 1981-2008.
Rec: Waive further reading and adopt.
H. RESOLUTION NO. 2019 - 38 - 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 Community Development/Planning, to Rely On the Electronic
Record as the Official Record - Paper Files Dated 1997-2016.
Rec: Waive further reading and adopt.
I. RESOLUTION NO. 2019 - 39 - 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 Community Development/Planning, to Rely On the Electronic
Record as the Official Record - Paper Files from 2015.
Rec: Waive further reading and adopt.
J. REQUEST for Extension of Contract with Richards, Watson & Gershon for
Specialized Legal Services Until June 30, 2024 (Contract No. SA28881)
(Joint Consideration with the Successor Agency to the Palm Desert
Redevelopment Agency and Palm Desert Housing Authority, Items V
and Z below).
This item was removed for separate consideration under Section XIII -
Consent Items Held Over. Please see that portion of the minutes for
resulting discussion and action.
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K. REQUEST FOR APPROVAL of Designated Vendors for Temporary and
Contract Staffing Services Not to Exceed an Aggregate of $100,000 for
FY 2019-2020, and Approval of Office Team for the Purpose of Payroll
Processing for Student Interns Not to Exceed $20,000.
Rec: By Minute Motion, approve/authorize: 1) Staff to use the list of
designated vendors for temporary and contract staffing services not
to exceed an aggregate of $100,000 for FY 2019-2020; 2) use of
Office Team for purpose of payroll processing for Student Interns -
FY 2019-2020 in an amount not to exceed $20,000 — funds are
included in the FY 2019-2020 budget, in addition to salary savings
created by vacant positions that may offset expenditures for
temporary staff.
L. REQUEST FOR APPROVAL of Human Resources and Risk Management
Vendors List for Authorized Vendors and Service Providers - FY 2019-2020.
Rec: By Minute Motion, approve/authorize: 1) Staff to use vendors on the
Human Resources and Risk Management Authorized Vendors and
Service Providers List for FY 2019-2020; 2) exception to purchasing
requirements as provided by Sections 3.30.100, 3.30.120, 3.30.130,
and 3.30.140 of the Palm Desert Municipal Code for FY 2019-2020.
M. REQUEST FOR AUTHORIZATION to Advertise a Notice Inviting Bids for
Construction of the Civic Center Administration Lobby (Contract
No. C37010B, Project No. 724-17).
Rec: By Minute Motion, authorize the City Clerk to advertise a Notice
Inviting Bids for construction of the Civic Center Administration Lobby
Project.
N. REQUEST FOR AUTHORIZATION to Purchase 24 Econolite Cobalt Traffic
Signal Controllers and Related Equipment in the Amount of $118,903.56.
Rec: By Minute Motion, authorize purchase of 24 Econolite Cobalt Traffic
Signal Controllers and related equipment in the amount of
$118,903.56 from Econolite Control Products, Inc., Anaheim,
California — funds are available in Account No. 2134294-4400100 -
Measure "A" - Controller Cabinet Assembly Upgrades Program.
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O. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C36850 — Mechanical Maintenance and Chemical Acquisition at the
Palm Desert Aquatic Center by Waterline Technologies, Inc., in the Amount
of $10,000.
Rec: By Minute Motion, approve Change Order No. 1 in the amount of
$10,000 to subject contract with Waterline Technologies, Inc.,
Santa Ana, California, for mechanical maintenance services and
chemical acquisition at the Palm Desert Aquatic Center — funds are
available in Fund 242 Accounts in the FY 2018-2019 Operating
Budget.
P. REQUEST FOR APPROVAL of the 2019 Y-Be-Fit Palm Desert Challenge
(Family YMCA of the Desert, Applicant) (Contract No. C38910).
Rec: By Minute Motion, approve: 1) The 2019 Y-Be-Fit Palm Desert
Challenge scheduled for Sunday, October 6, 2019; 2) proposed event
route and road closures; 3) temporary waiver of Palm Desert
Municipal Code Section 11.01.140 - Amplified Sound - sponsorship
of the event in the amount of $25,000 will be included as part of the
FY 2019-2020 Budget and available in Account
No. 1104416-4306201, once approved.
Q. CONSIDERATION of the Submission of a Letter of Opposition for
Assembly Bill 377 (Garcia and Mayes) - Microenterprise Home Kitchen
Operations.
This item was removed for separate consideration under Section XIII -
Consent Items Held Over. Please see that portion of the minutes for
resulting discussion and action.
R. CONSIDERATION of the Submission of a Letter of Opposition for Assembly
Bill 516 (Chiu and Santiago) — Authority to Remove Vehicles.
Rec: By Minute Motion, approve the submission of a letter of opposition to
the appropriate legislators for Assembly Bill 516.
S. REQUEST FOR APPROVAL of Final Parcel Map No. 37436 (J. C. Penney
Properties, Inc., c/o Seaboard Engineering Company, Applicant).
Rec: Waive further reading and adopt Resolution No. 2019 - 40, approving
Parcel Map No. 37436.
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SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
T. MINUTES of the June 13, 2019, Regular Meeting of the Board of Directors
of the Successor Agency to the Palm Desert Redevelopment Agency.
Rec: Approve as presented.
U. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY -
Warrant Dated 6/7/2019.
Rec: Approve as presented.
V. REQUEST for Extension of Contract with Richards, Watson & Gershon for
Specialized Legal Services Until June 30, 2024 (Contract No. SA28881)
(Joint Consideration with the Palm Desert City Council and Palm Desert
Housing Authority - Item J above and Z below).
This item was removed for separate consideration under Section XIII -
Consent Items Held Over. Please see that portion of the minutes for
resulting discussion and action.
PALM DESERT HOUSING AUTHORITY
W. MINUTES of the Housing Authority Meeting of June 13, 2019.
Rec: Approve as presented.
X. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrant Dated 6/7/2019 (Joint Consideration with the Palm Desert City
Council, Item C above).
Rec: Approve as presented.
Y HOUSING COMMISSION MINUTES for the Meeting of May 8, 2019.
Rec: Receive and file.
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Z. REQUEST for Extension of Contract with Richards, Watson & Gershon for
Specialized Legal Services Until June 30, 2024 (Contract No. SA28881)
(Joint Consideration with the Palm Desert City Council and Successor
Agency to the Palm Desert Redevelopment Agency - Items J and V
above).
This item was removed for separate consideration under Section XIII -
Consent Items Held Over. Please see that portion of the minutes for
resulting discussion and action.
AA. REQUEST FOR AUTHORIZATION to Streamline the Use of Named
Vendors for the Housing Authority by Granting an Exception to Bidding
Requirements and Approving the Authority Vendor List.
Rec: By Minute Motion: 1) Grant an exception to bidding requirements, as
provided for by Section 3.30.160(K) of the Palm Desert Municipal
Code; 2) approve the Housing Authority Vendor List pursuant to
Section 3.30.160(K) of the Palm Desert Municipal Code for purposes
of providing recurring, routine contractual services, including
maintenance work and materials, supplies, and equipment, effective
July 1, 2019, not to exceed $25,000 in value, or as noted on the
vendor list per each named vendor per property (in a 12-month
period).
BB. REQUEST FOR AUTHORIZATION of Use of The Sherwin-Williams
Company for Purchase of Paint and Paint -Related Materials and Supplies for
the Palm Desert Housing Authority Properties for FY 2019-2020 (Contract
No. HA38920).
Rec: By Minute Motion, authorize: 1) Use of The Sherwin-Williams
Company for purchase of paint and paint -related materials and
supplies for Palm Desert Housing Authority Properties, pursuant to
Sections 3.30.160(L) and 3.30160(E) of the Palm Desert Municipal
Code, for FY 2019-2020 in an amount not to exceed $100,000;
2) Chairman and/or Executive Director to execute the Agreement and
any documents necessary to effectuate the actions taken herewith —
monies have been included in the FY 2019-2020 proposed
Palm Desert Housing Authority's Operating Budget in the appropriate
Authority Account.
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CC. REQUEST FOR AUTHORIZATION of the Use of Curtis Allan Floorcovering,
Inc., for Purposes of Procuring Floor Coverings and Related Supplies and
Services with Engineered Floors, LLC (d.b.a. J+J Flooring Group and d.b.a.
EF Contract) at the Palm Desert Housing Authority Properties in a Total
Annual Amount Not to Exceed $125,000 (Contract No. HA38930).
Rec: By Minute Motion, authorize: 1) Use of Curtis Allan Floorcovering,
Inc., National City, California, as the authorized vendor for purposes
of procuring floor coverings and related supplies and services
(includes costs for non -warranty partial replacements and repairs) at
the Palm Desert Housing Authority properties for a term of three years
under National Cooperative Purchasing Alliance Agreement,
Flooring & Outdoor Surfaces Solutions Contract No. 02-60, with
Engineered Floors, LLC (d.b.a. J+J Flooring Group and d.b.a. EF
Contract), pursuant to Sections 3.30.160(L) and 3.30.160(E) of the
Palm Desert Municipal Code, in a total annual amount not to exceed
$125,000; 2) participation with the National Cooperative Purchasing
Alliance; 3) Authority's Legal Counsel to negotiate and finalize an
agreement with Curtis Allan Floorcovering, Inc.; 4) Chairman and/or
Executive Director to execute the Agreement and any documents
necessary to effectuate the actions taken herewith — monies have
been included in the FY 2019-2020 proposed Housing Authority's
Operating Budget, in the appropriate Authority Accounts for each
property.
DD. REQUEST FOR AUTHORIZATION of the Award of Contract to
Garland/DBS, Inc., for Roof Repairs and Related Services at the Palm
Desert Housing Authority Properties in a Total Annual Amount Not to Exceed
$75,000 (Contract No. HA38940).
Rec: By Minute Motion, authorize: 1) Award of subject contract to
Garland/DBS, Inc., Cleveland, Ohio, for roof repairs and related
services (includes costs for roof repairs, permit fees for those repairs
that may require one, and other repair -related costs) at the
Palm Desert Housing Authority properties for a term of three years
under the U. S. Communities Agreement Contract No. 14-5903,
pursuant to Section 3.30.160 of the Palm Desert Municipal Code in a
total annual amount not to exceed $75,000; 2) Palm Desert Housing
Authority's Legal Counsel to negotiate and finalize an agreement with
Garland/DBS, Inc.; 3) participation with the U. S. Communities
Government Purchasing Alliance; 4) Chairman and/or the Executive
Director to execute the Agreement and any documents necessary to
effectuate the actions taken herewith — monies have been included
in the FY 2019-2020 proposed Palm Desert Housing Authority's
Operating Budget in the appropriate Authority Accounts for each
property.
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Councilmember/Director/Member Harnik asked that Item J (including Joint
Consideration items of V and Z) be held over, and Councilmembers Harnik
and Kelly asked that Item Q be held over for separate discussion under
Section XII - Consent Items Held Over of the agenda.
Upon a motion by Harnik, second by Nestande, and 5-0 vote of the
City Council/Successor Agency Board/Housing Authority Board (AYES: Harnik, Jonathan,
Kelly, Nestande, and Weber; NOES: None), the remainder of the Consent Calendar was
approved as presented.
XIII. CONSENT ITEMS HELD OVER
J., V., Z.
REQUEST for Extension of Contract with Richards, Watson & Gershon
(RWG) for Specialized Legal Services Until June 30, 2024 (Contract
No. SA28881) (Joint Consideration with the Successor Agency to the
Palm Desert Redevelopment Agency and Palm Desert Housing
Authority, Items V and Z below).
Councilmember/Director/Member Harnik had no objection whatsoever to
renewing the contract for five years, as requested. RWG has been great
help to Palm Desert in the process of dissolving its Redevelopment Agency
and done a great job at it, and she felt it's in the best interest of the
community to continue with them. However, she noted that since it's the
same contract that's been in place for some time, with recommendation here
being to continue it for five more years, she asked if there was an opportunity
to look at the contract - from both sides - and see if it was still serving all
concerned as well as possible.
Management Analyst Christopher Gerry confirmed that RWG continues to
provide specialized legal services to the Successor Agency, Housing
Authority, and City. Furthermore, he said that RWG has generally not
requested a monthly flat retainer fee or annual cost of living increase; thus,
they've maintained the same rates since at least 2009, and going even
further back, it's been a small percentage increase. He added from a cost
perspective, that it absolutely is a value; part of the reason for requesting an
extension is to preserve the continuity of that service. He went on to say that
in looking at their monthly retainer of $15,000/month (totaling
$180,000/year), it has been deferred for nearly 10 years; the average Palm
Desert has spent is closer to $50,000-$60,000 per year.
Councilmember/Director/Member Harnik reiterated her concern that it work
well for both parties, because she believed they were very valuable and have
done a great job for Palm Desert.
Councilmember/Director/Member Harnik moved to, by Minute Motion, extend
subject contract for specialized legal services for an additional five years, under the same
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terms and conditions as the existing contract. Motion was seconded by Mayor Pro
TemNice ChairNice Chairman Nestande and carried by 5-0 vote (AYES: Harnik,
Jonathan, Kelly, Nestande, and Weber; NOES: None).
Q. CONSIDERATION of the Submission of a Letter of Opposition for
Assembly Bill 377 (Garcia and Mayes) - Microenterprise Home Kitchen
Operations.
Councilmember Kelly referred to the proposed letter at the rear of the printed
staff report and requested that the parenthetical references to the Bill's
sponsors be corrected to state "Garcia, Mayes." Further, she asked if the
two references to the Health and Safety Code on page 1 of the printed report
reflected current language after the 2017-2018 Legislative Session, and
Management Analyst Christopher Gerry confirmed that it did. Therefore, she
went on to say that it appeared the City was concerned about loss of local
control; however, it looked like that happened already in 2017-2018, because
the second Code provision explicitly said that once a county has opted in,
that decision shall be valid in any city within the county. Moreover, she
remarked that if the two Coachella Valley Assemblymen were trying to clean
up some other matters unrelated to the loss of local control, she felt perhaps
the City would not want to send them an 'opposition' letter.
Mr. Gerry answered that perhaps a position of opposition, unless amended,
might be more appropriate in order to allow local jurisdictions to have some
control.
Councilmember Kelly added that her concern was that if the subject Garcia,
Mayes Bill doesn't speak to the issue of local control, then the City would be
asking them to introduce different legislation. She suggested perhaps that
should be done explicitly, instead of opposing legislation that itself is not
responsible for the loss of local control, as she was concerned about
seeming ill-informed on this matter with the City's own Assemblymen.
Mr. Gerry explained that considering the language shown in the staff report
being from the 2017-2018 session, he believed both of those sections would
be removed and supplemented by different language. The language shown
was from AB 626 enacted last year; AB 377 removes it and clarifies that the
County is responsible for opting -in, cities have no ability to do so; that's what
has led to confusion over who's responsible. Besides other health -related
clean-up language, he said the Bill removes the City's local control and just
allows the County to opt -in — along with every city therein. Responding to
comment, he went on to say that the previous Bill in 2017-2018 (AB 626)
was also authored by Assemblyman Garcia and permitted the referenced
enterprise home kitchen operations. Essentially, it allows for home -based
restaurants that can serve 30 meals/day or 60/week with an annual cap of
$50,000. That bill passed unanimously in both the House and Senate.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2019
However, there was conflict over the language about which entity had control
of opting in to the regulation of allowing a home -based kitchen
(microenterprise) within their jurisdictions. Over the last year since
enactment, no one - city or county - had opted in because of the confusion.
The clean-up language removed confusion by eliminating the City from it.
He remarked that prior to the subject legislation being passed,
Riverside County has since opted in, but confusion remained.
Ms. Aylaian interjected that the City frequently has interests aligning with
those of its regional State representatives. Although, in some cases their
jurisdiction is different from that of discreet cities, and opinions differ. Each
of these gentlemen represents areas both covered by cities and those under
county control, and it's presumed they're looking at different concerns that
would be impacted differently by this legislation than would the City of Palm
Desert's.
Councilmember Kelly appreciated the input, as well as the stated basis for
opposing the legislation, but she still questioned the need to oppose with
regard to local control.
Mr. Gerry answered that it was inferred, because the Health and Safety
Code stated in the staff report has been removed and replaced by
supplemental information. He offered that the item could come back to a
future City Council agenda for more clarification.
Councilmember Kelly felt that would be appropriate, in addition to making
sure that the City is certain before taking a position with its local Assembly
representatives.
Councilmember Harnik commented that both Assemblymen were friends of
Palm Desert, and it was certainly desirable to keep this good working
relationship. Further, she said they have both previously served as members
of their respective city councils, and while they may not necessarily agree,
would understand Palm Desert's position here. Therefore, she believed the
City could say they could support the legislation, with amendment, or that it
opposed the legislation unless amended — using a little friendlier and more
effective approach. She asked if this could be incorporated into the
discussion if the item is continued.
Mr. Hargreaves offered that his office (Best, Best & Krieger, LLP) had looked
at the issue in some detail and offered to circulate their analysis of it. He
agreed that there was and continues to be confusion; the County's opting -in
has to do with Health and Safety regulations for those businesses. The City
Attorney Office's opinion is that cities still retain their land use jurisdiction,
and if it chose to, the City could adopt an ordinance regulating/prohibiting
these kinds of uses. He, too, felt it would be appropriate to defer this matter
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until he could circulate the aforementioned analysis to Councilmembers.
Mr. Gerry added that his analysis was in line with Best, Best & Krieger's,
regarding communications.
Councilman Jonathan said he felt the matter was worthy of continuance and
had no issue supporting that direction. However, while it was smart and
appropriate to make nice with the City's friends in Sacramento, at day's end,
the City has to fight the good fight of local control. For their own reasons,
they're presenting a bill that erodes local control, and the City may have to
get tough with them about it. He suggested City staff contact the legislators'
offices to develop a better understanding and ask them how the cities can
help the legislators by developing their own legislation and vice versa. He
generally agreed with the suggested language of opposing unless amended
or supporting with amendment, something clarifying that cities have the
ability to develop their own regulations even if the County opts in.
Upon question for clarification if the subject piece of legislation passed that
the City could adopt its own ordinance locally, Mr. Hargreaves confirmed that
was his office's position. Although, he pointed out that the County controls
the Health and Safety permitting for such businesses, while the City could
control the land use.
Councilmember Kelly moved to, by Minute Motion, continue consideration of
proposed legislation AB 377 (Garcia and Mayes) to the meeting of July 11, 2019. Motion
was seconded by Councilmember Harnik and carried by 5-0 vote (AYES: Harnik, Jonathan,
Kelly, Nestande, and Weber; NOES: None).
XIV. RESOLUTIONS
A. RESOLUTION NO. 2019 - 41 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND
ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (CALIFORNIA PUBLIC
RESOURCE CODE §§ 21000 ET SEQ.).
Mr. Stendell stated this is an annual process by which the City Attorney's
Office, Best, Best & Krieger, LLP, has provided an update to CEQA
Guidelines used by the City and offered to answer questions.
Mayor Weber commented one of the things that came up during the League
of California Cities Executive Forum last week was the fact that CEQA
regulations were choking construction activity and a real factor in the State's
housing shortage.
Councilmember Harnik moved to waive further reading and adopt Resolution
No. 2019-41, amending ad adopting local guidelines for implementing CEQA. Motion was
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2019
seconded by Councilmember Kelly and carried by 5-0 vote (AYES: Harnik, Jonathan, Kelly,
Nestande, and Weber; NOES: None).
XV. ORDINANCES
A. For Introduction:
None
B. For Adoption:
None
XVI. NEW BUSINESS
A. REQUEST TO REJECT BID PROTEST AND FOR AWARD OF CONTRACT
IN THE AMOUNT OF $191,052 TO UNIVERSAL CONCRETE
CONSTRUCTION FOR THE HAYSTACK PARKWAY TURF REDUCTION
PROJECT (CONTRACT NO. C38700, PROJECT NO. 980-19).
In response to question, Landscape Supervisor Randy Chavez confirmed
that the only turf being removed was that in the parkway, between the curb
and gutter and south side of the sidewalk. Turf in the center of the area that
is well used by residents will remain, noting that he and City Engineering staff
walked the property a few months ago and determined it was necessary for
soil retention.
Councilmember Kelly moved to, by Minute Motion: 1) Reject Bid Protest from Urban
Habitat Environmental; 2) award subject contract in the amount of $191,052 to Universal
Concrete Construction, Indio, California, for the Haystack Parkway Turf Reduction Project;
3) authorize Director of Finance to set aside a 10% contingency for the project in the
amount of $19,105; 4) authorize City Manager or designee to review and execute Change
Orders up to the contingency amount; 5) authorize the Mayor to execute said contract —
funds are available in Account No. 4004437-4391503 - Capital Project Reserve. Motion
was seconded by Councilman Jonathan and carried by 5-0 vote (AYES: Harnik, Jonathan,
Kelly, Nestande, and Weber; NOES: None).
B. REQUEST FOR APPROVAL OF ATHREE-YEAR AGREEMENT WITH THE
COUNTY OF RIVERSIDE EMERGENCY MANAGEMENT DEPARTMENT
FOR AN EMERGENCY SERVICES COORDINATOR IN AN AMOUNT NOT
TO EXCEED $240,133 (CONTRACT NO. C38950).
Mr. Aryan reported that the City contracts with the County Emergency
Management Department to provide emergency preparedness and planning
services through the subject position. The Emergency Services Coordinator
assists the City in many areas, including emergency planning, staff training,
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community outreach, and coordinating mock incident exercises, emergency
response, and post -recovery efforts. He referred back to
Councilmember Kelly's earlier comments in this meeting that nothing beats
real -world experience. One benefit of having this position through the
County Emergency Management Department is that the City benefits from
their breadth of knowledge in responding to actual emergencies locally, as
well as Statewide through various mutual -aid incident responses. He noted
that Palm Desert pays for one-half of this cost -sharing position with the City
of Indian Wells, also realizing some savings and reducing the cost with
applying for a grant that covers 18% - 20%. Mr. Aryan offered that staff
recommended approval, with the City Attorney and Public Safety
Commission both also having reviewed the matter.
Councilman Jonathan asked for a detailed summary of all that's been done
by the Coordinator in the past year. Mr. Aryan responded that a monthly
report is provided to the Public Safety Commission, and he offered to start
sharing it with City Council. Further, he consented to provide a brief
summary. However, he noted that the position was vacant for six months
over the past year, and the level of activity will be somewhat limited from that
of prior years.
Councilmember Harnik said she would appreciate receiving the monthly
report, and Mr. Aryan agreed to provide it.
Anecdotally, Mayor Weber and Councilmember Harnik noted that
Mr. Papazian was here working in the office after hours yesterday testing the
City Hall emergency alert system. Responding to further comment,
Mr. Aryan said the next CERT (Community Emergency Response Team)
class is scheduled for November, with both the good and the bad news
being, the roster of 40 positions filled up within one day of its announcement.
Future offerings were being planned.
Councilman Jonathan added that there was also a CERT Refresher course
that is now being offered. Mr. Aryan concurred that the City plans to make
its next class the Refresher module.
Mayor Weber remarked that Mr. Papazian is also a fixture at many COPs
(Citizens On Patrol) meetings, so he's definitely been making himself
available.
Councilmember Harnik moved to, by Minute Motion, approve a three-year
agreement for an Emergency Services Coordinator with the County of Riverside
Emergency Management Department in an amount not to exceed $240,133, and authorize
City Manager to execute same — year one costs are included in the FY 2019-2020 Budget.
Motion was seconded by Councilmember Kelly and carried by 5-0 vote (AYES: Harnik,
Jonathan, Kelly, Nestande, and Weber; NOES: None).
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C. REQUEST FOR APPROVAL OF AN AGREEMENT FOR
LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF
PALM DESERT AND THE COUNTY OF RIVERSIDE FOR A FIVE-YEAR
TERM (CONTRACT NO. C38780).
Mr. Aryan stated the current Law Enforcement Services Agreement with
Riverside County Sheriffs Department is set to expire on June 30, 2019; the
new agreement has a five-year term through June 2024 and incorporates
position modifications enacted by the City Council over the last three years,
including those in the upcoming fiscal year (outlined within the printed
report). He referred to the aforementioned Matrix Consulting Group report
(see Section X - Mayor and Councilmember Reports & Remarks to the
Community, Item B[5]), following completion of the analysis of police
services' workload, in an effort to identify additional efficiencies and feasibility
of developing a joint law enforcement services contract with Palm Desert's
neighboring communities. Should the City opt to modify service levels within
the next five years or terminate the subject agreement, it permits these
actions with 12 months' written notice. As it relates to service level changes,
those greater than a 10% reduction in the contract require written notice; if
under 10%, notice is not required. Mr. Aryan went on to say that as a
standard practice, staff sends the Sheriff this written notice each year in
anticipation of potentially going above the 10% reduction limit. This allows
the City to initiate any potential modifications indicated by the Matrix Study,
but no sooner than June 2020. Here too, the City Attorney and Public Safety
Commission have reviewed the agreement, and staff recommended
approval.
Responding to request for specific clarification regarding notice to be
provided should the City decide to form a regional police force as
contemplated in the Matrix Study, Mr. Aryan affirmed the contract specifies
that for any service level reduction greater than 10% (anticipated with
implementation of the Matrix Study recommendations), written notice would
be required 12 months in advance. He reiterated that as a matter of
practice, the City provides such notice at the end of each fiscal year. The
soonest it could occur now would be June 2020.
Councilmember Harnik stated that there has been discussion of doing away
with the moniker "Palm Desert Police" and replacing it with "Riverside County
Sheriff." She asked if it was contemplated in the subject agreement.
Mr. Aryan said he'd heard the new Sheriff mention it as one of his policy
decisions but hadn't seen it implemented in the community yet. He added
that there has been discussion about it at the Contract Partners Meetings,
as well as when Councilman Jonathan and Ms. Aylaian met with the Sheriff.
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Councilman Jonathan commented that the Sheriff advised City officials that
he is intending to eliminate individual badge identification for all contract
cities. Although, it was indicated that he may be willing to have something
ancillary, a small tag or the like, just not on the badge. The Sheriffs
reasoning was that Deputies working in contract cities do not feel they want
to be distinguished in any way from their colleagues working in cities and the
County. Councilman Jonathan went on to say it was brought up at the recent
Cove Commission Meeting, with the other cities having been so advised.
Upon inquiry about the reaction to this development, he said it appeared to
be one of reluctant acceptance, adding that he was unsure it was the City's
call if it's contracting for such services. He felt the uniform and branding was
theirs to provide; although, the matter is still in flux, and in Palm Desert's
meeting with Sheriff Bianco, he mentioned that he would consider retaining
the City's name and logo on the vehicles, just not on the uniforms.
Councilmember Kelly countered that a contracting party usually has some
leverage; the City doesn't have to contract for services, and
Councilman Jonathan responded that the City wasn't really in a position to
do otherwise at this time, or it wouldn't have a police force after June 30.
Councilmember Kelly agreed, adding that the premise of contracting was that
there is some negotiation involved, and Councilman Jonathan said he wasn't
opposed to exploring that avenue but was unsure that the contract as it
currently exists allows the City to address uniforms.
Upon further inquiry, Mr. Aryan said there wasn't anything in the current
contract to address that issue. He added that he and Ms. Aylaian have
attended Contract Partners Meeting on a smaller subcommittee level with
two Sheriffs Captains, who've been directed by the Sheriff to coordinate with
cities on their contracts. He offered that this could be a topic of discussion
at their next meeting in July.
Councilmember Harnik was surprised that the issue wasn't addressed
specifically in the contract and again asked if there was certainty about it not
being included. Mr. Aryan confirmed that it was not addressed.
Mayor Pro Tem Nestande added that she understood the agreement from
yesterday's Cove Commission Meeting to be that if the parties decide to go
with regional police services, everybody would wear the badge that says
"Riverside County."
Councilman Jonathan responded he thought it was something that will be
addressed, and there was discussion about branding of a four -city
department so residents know it's the City's — it could be 'Cove Commission,'
or the like. He was equally concerned about this issue and expressed it was
unfortunate that the contract was on today's agenda to replace the one
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expiring on June 30. In order to move forward, he suggested going with the
contract at this time and strongly advising the Sheriff that Palm Desert does
not want any change in branding for the next 12 months to give both sides
opportunity to explore the matter, because it's very important. That way, the
City could possibly get an informal commitment from the Sheriff that the
branding will not change in the first year of the five-year extension.
Mr. Aryan agreed to convey the request, and Councilmember Harnik added
that it is important to the community.
Councilmember Kelly moved to, by Minute Motion, approve subject contract
between City of Palm Desert and County of Riverside, on behalf of its Sheriffs
Department, to provide Law Enforcement Services for a five-year term commencing July 1,
2019, through June 30, 2024 - Fiscal Year 2019-2020 Budget for Police Services in the
City is approximately $22.3 million, and funds are so allocated. Motion was seconded by
Councilmember Harnik and carried by 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande,
and Weber; NOES: None).
Councilman Jonathan commended staff for their initiative and good work
done in this regard, working to address increasing costs of public safety by
not renewing vacant positions that do not impact the quality of public safety,
resulting in a very significant savings of $2 million annually.
D. REQUEST FOR APPROVAL OF AMENDMENT TO THE PALM DESERT
MUNICIPAL CODE REGARDING THE AUDIT, INVESTMENT, AND
FINANCE COMMITTEE, AND FOR APPROVAL OF UPDATED BYLAWS
THEREFOR.
Deputy City Treasurer Tom Metz stated the Finance Department was
recommending a series of changes intended to align the Finance Committee
with other City committees of similar responsibility and transform it into a
model of democratic governance as a citizens' advisory body. Specifically,
he said it was recommended that all staff members be removed from the
Committee itself, and that the number of community members be increased
to five so that City Council has flexibility to determine whether it should be a
five- or seven -member committee. Additionally, proposed Bylaws were
presented here for adoption. The Audit, Investment & Finance Committee
was somewhat different from other City boards, because it was originally
created by ordinance without specific bylaws.
Upon inquiry, Mr. Metz said the number of community members would be
increased to a minimum of five. Therefore, the total number of members
could be seven or five, depending on how many community members were
elected for appointment. Further responding, he said the other two members
would be City Councilmembers, appointed by the Mayor.
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Mayor Pro Tem Nestande moved to waive further reading and: 1) Pass to second
reading Ordinance No. 1349, revising Chapter 2.16 of the Palm Desert Municipal Code
relative to the Palm Desert Audit, Investment, and Finance Committee; 2) adopt Resolution
No. 2019 - 42, approving Bylaws for the Committee, renamed as the Palm Desert Finance
Committee. Motion was seconded by Councilmember Kelly and carried by 5-0 vote
(AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None).
E. REQUEST FOR APPROVAL OF PROPOSED SPECIAL EVENTS AND
SPONSORSHIPS FOR FISCAL YEAR 2019-2020 (CONTRACT
NOS. C38960A-Z).
Management Analyst Vanessa Mager reviewed the request for special
events and sponsorships in the coming fiscal year. She added that the
attached list of events was presented and discussed at the City Council's
Budget Study Session in May and offered to answer questions.
Councilmember Harnik noted that City Council conducted a very good
discussion about events at the aforementioned session, with one topic of
specific interest being BAM (Behind A Miracle on El Paseo). Original
proposal was $15,000 - BAM and $5,000 - Christmas Walk, then
City Council received a $50,000 request for BAM. She felt all were taken
aback by the $50,000 request, resulting in Council pulling back everything.
However, she thought BAM was an excellent event that brings in thousands
of people, many of whom shop on El Paseo and whose awareness is raised
by participating in it. Therefore, she proposed putting sponsorship funds
back into the budget for BAM.
Mayor Pro Tem Nestande agreed, adding she had discussed the matter with
staff and those interested in the event, leading her to believe the City should
donate something to BAM. She asked for clarification that the proposed
budget provided a $50,000 buffer for modifications in the events list.
Ms. Mager affirmed that there was a $50,000 Miscellaneous Sponsorships
line item in the budget, representing a fund for purchasing various table
sponsorships at events throughout the coming fiscal year.
Councilman Jonathan then called attention to the Palm Desert Area
Chamber of Commerce (PDACC) award amount, noting last year they were
awarded $35,500; this year they asked for $45,000 and were recommended
at $30,500. He noted that City Councilmembers received a list of expenses
for the Golf Cart Parade. Further, there was discussion about elevating
quality of the parade, which was strongly urged, including engaging a parade
planner. He asked how the Chamber was doing in this regard.
Ms. Mager believed they had retained a parade planner for the event. Upon
inquiry about whether the City had taken that expenditure into account when
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recommending a $30,500 sponsorship, she said it had, and she thought cost
for the parade planner was $10,000.
Councilman Jonathan observed that PDACC would likely have greater
expense this year, partly attributable to the City's request, yet receive a lower
sponsorship amount. Ms. Mager answered that she was not completely
certain that the parade planner was a prior request; if so, then it was
considered in the recommendation.
Mayor Pro Tem Nestande believed the City should bear some, if not all, cost
of the parade consultant, as it was the City's request for an improved Golf
Cart Parade. She also understood that it was the Chamber's fund-raising
event. Although, most people attending think it's a City event, which impacts
its reputation. Therefore, she wanted to make sure it was a great parade
that everybody will be raving about, since comments over the past few years
were going the other direction. Whether the City liked it or not, the Golf Cart
Parade really is a reflection on the City, and she preferred helping pay for at
least some of the cost of the consultant in this first year.
Councilman Jonathan concurred, adding that the Golf Cart Parade was part
of Palm Desert's identity and ethos; it's all about having good fun and
bringing the community together. City urged PDACC to bring it up to the next
level, and he felt a sense of responsibility to support that effort financially, as
they've been doing the work and will continue to do so. He agreed that at
least in this first year, engagement of a parade planner resulting from the
City's specific request would be appropriate to support with a $40,500 award.
Mayor Pro Tem Nestande offered her support to that suggestion.
Councilmember Harnik felt problem with the Golf Cart Parade was that
quality had gone down considerably in the last few years, which she
attributed to complacency; the event had not been representing the City or
the Chamber of Commerce well. That led to the City asking for it to be
stepped up. In reviewing last year's total expenses provided by PDACC,
they were Tess than the amount of City's total sponsorship, and she felt it
warranted further review, along with working to bring it up to par. However,
she didn't think the City should be bearing full brunt of the parade
consultant's cost.
Councilman Jonathan didn't disagree, leading him to suggest that the
increased funding be conditioned upon elevated quality of the event that will
also impact future years' consideration. He proposed this approach as a
compromise, explaining that it represented City's giving PDACC benefit of
the doubt and investing in what City Council believes will be a higher quality
event that properly reflects Palm Desert. If it doesn't, they shouldn't count
on this level of support the year after.
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Councilmember Harnik acknowledged that it was tough to make the
comments she was offering, but the Golf Cart Parade is an important part of
the community. Yet City Council has watched the quality diminish year after
year; it was painful last year and the year before. She said what ends up
happening is the amount made on the Parade is same as the amount given
by the City for sponsorship. That's why it needed to be looked at long and
hard, but she wasn't advocating for no donation or help with the event's cost.
However, she emphasized that it has to be done the right way and in keeping
with similar events.
Mayor Weber asked for clarification about the $30,500 suggested
sponsorship including $10,000 for the parade planner.
Ms. Mager responded $30,500 was recommended as the City's total support.
She also noted that the City has recommended removing the in -kind
sponsorships that had been provided previously, instead asking PDACC to
pay for the street closures, Police Department, and Burrtec.
Responding to comment, Councilman Jonathan didn't think the $30,500
recommended sponsorship included a parade consultant. He called
attention to the listing of last year's expenses, which were $30,000 and didn't
include a parade planner. It was felt this year's expenses would go up, with
PDACC having to pay for some of the services previously provided in -kind.
Ms. Mager pointed out that the request was for $45,000, but she did not
know exact breakdown of the event's budget for 2019. Upon hearing a
listing of last year's expenses and prospectively comparing them to this
year's, Councilman Jonathan believed they would be over $45,000 in total,
and his prior suggestion would cover about $40,000 of it
Mayor Weber pointed out that when this was discussed at the Budget
Session, PDACC's ending up with a surplus equal to the amount of the City's
sponsorship lead her to question its purpose.
Councilman Jonathan responded that would not be the case this year; he
agreed that it was a fund-raiser for PDACC, but money was fungible. In his
view, supporting a successful fund-raiser for the City and its residents was
a win -win situation.
Councilmember Kelly observed that the entire City Council supports PDACC,
and they all want a fantastic Golf Cart Parade. Although, she questioned
whether totally subsidizing its cost created the best incentive for PDACC to
do its part toward a successful event. Although, she thought that concern
was addressed by making clear that direct costs are being shifted from the
City to the Chamber, which meant even if the City went to a $40,000
sponsorship - a significant investment - it would not be covering the total
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cost. Therefore, she could support such a proposal, with all of the strings
Councilman Jonathan described and City Council's expecting results that
would be key to next year's consideration.
Mayor Weber commented that she'd heard suggestion that the City provide
a 50-50 match for cost of the parade planner ($5,000); although, the City
didn't select that consultant. Councilmembers responded there was a
PDACC Committee that had made a selection already.
Councilman Jonathan commented that $5,000 in the City's $60 million total
budget was not huge, but it is to the Chamber. He also wanted to send a
strong message that the City has, does, and will continue to support the
PDACC, but this contribution has specific expectations - it's an important
event to the City, which wants to 'pay it forward' while absolutely expecting
results. Therefore, he was comfortable with a $40,500 funding level and
wished them success. Mayor Pro Tem Nestande again agreed.
Councilmember Harnik said she could support $40,000, but results are
critical. It's a significant investment from the City for a significant event for
the City and PDACC, and it was important to balance the two factors.
Councilmember Kelly offered that she also supported
Councilmember Harnik's first suggestion to return funding for BAM (Behind
A Miracle on El Paseo), because it was exactly the kind of event creating
extra interest in the street and brings folks there who are likely to patronize
it. Responding to inquiry, she said she had participated in it in the past.
Mayor Weber indicated she was questioning her colleague because BAM
had changed significantly over the last few years, leading her to somewhat
back away from supporting it until some changes are made. Responding to
question, she'd heard Councilmember Harnik say that it brings shoppers to
the area. But she's attended several years, and didn't see holding BAM on
El Paseo as adding any new shoppers there.
Councilmember Harnik responded that wasn't her experience. She felt BAM
raised awareness of El Paseo considerably, with thousands attending and
attracting an increasing number. It's a great event that garners tremendous
media coverage — important to the City and El Paseo.
Mayor Pro Tem Nestande concurred, adding that the City wants to keep the
west end of El Paseo vibrant and out in front of the community. She agreed
the media attention was great and urged her colleagues to make sure they're
doing everything they can to support El Paseo.
Councilman Jonathan commented that it was difficult to quantify the value
of special events, many of them held on El Paseo. He pointed out that it was
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not necessarily the case that shoppers make purchases the day of - like on
Cruise Night when people stand on the street watching - they're brought
there by the event. When he talks to shop owners, they relate that shoppers
then become aware of their location on El Paseo and return. BAM creates
great awareness for El Paseo in the way that the City desires — local media
always picks it up and really makes it an event. He acknowledged always
sharing the same concern as the Mayor's about effectiveness for such
expenditures, but there are ancillary benefits that would justify the City's
investment.
Councilmember Harnik added that she was not suggesting a contribution of
$50,000 for it either. Upon inquiry, she proposed a $20,000 City sponsorship
for BAM.
Councilman Jonathan moved to, by Minute Motion, approve/authorize: 1) Proposed
Special Events and Sponsorships for FY 2019-2020, as amended, with modified donation
totals for: a) Golf Cart Parade - $40,000, with expectations for equally increased
performance and results; b) Behind A Miracle (BAM) - $20,000; 2) City Manager to take
necessary action to facilitate the special events and sponsorships, including making
discretionary changes provided that the total for City -Produced and City -Sponsored Events
does not exceed $719,500; 3) City Manager to execute agreements associated with the
events and sponsorships, if applicable; 4) City Manager to approve miscellaneous
sponsorships for events during Fiscal Year 2019-2020 with values of $7,500 or Tess —
funding for the above will be included as part of the FY 2019-2020 Budget and available
in Account Nos. 1104416-4306101 and 1104416-4306201, once approved. Motion was
seconded by Councilmember Harnik.
Mayor Weber noted that she had received requests to speak on this item
and called upon those individuals at this time.
MR. FRED FERN and MR. DAVID FLETCHER, on behalf of The Shops On
El Paseo Properties, Palm Desert, expressed appreciation for the
consideration as recommended in the motion. Mr. Fletcher added that they
were aware of the Mayor's concern, which was something they've been
addressing over the years. They found it challenging to get people to shop
the night of the event. However, allowing their tenant stores to offer a
promotion for a period of time before/after the event, when they're donating
money to BAM if someone comes back and buys, has helped draw people
into the stores and accomplished The Shops' goal of driving sales to their
stores and increasing El Paseo's awareness by hosting this event. He
offered they were always open to suggestions for increasing sales and would
be happy to sit down and discuss further. Responding to inquiry about
mechanics of the event and its coordination with the Behind A Miracle
organization, he said the event was initiated as a way to bring customers
from Bighorn Golf Club to El Paseo. Their thought was to incorporate a
charity that they were already passionate about to encourage participation
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and support the event even more. This is how BAM got involved with his
office. He said 100% of the event cost is paid by The Shops On El Paseo,
and 100% of ticket sales generated for the event go to BAM. Further, 100%
of store donations from sales go to BAM, with each store setting its own
threshold (e.g. 10%, 15%, etc.) and niche that works best for them. The
Shops coordinate the event with Bighorn's Marketing Director and the
Committee for BAM, involving the Bighorn Community in a way that their
Marketing Director and concierge believe works best.
MR. FERN offered that the event really radiates throughout all of the
El Paseo environment. The stores like it a lot because they get customers
that aren't there necessarily that night; they come back later after they've
found the merchandise and restaurants to be inviting.
MR. TODD RHODEN, President/CEO, Palm Desert Area Chamber of
Commerce (PDACC), offered his thanks for the consideration given the Golf
Cart Parade. He commented that he'd spoken with each Councilmember
about the past year's Parade and sponsorship really being needed. He
added that the 2019 event will be his first full year of developing it, and he'd
heard about its past few years. Nonetheless, he submitted that all of the
Chamber's events have increased in quality compared to the previous. He
was personally standing behind this year's Golf Cart Parade, as was
Ray Rodriguez, Patrick Klein, and Tammy Martin, along with the rest of the
Parade Committee, to produce a great event that Palm Desert can be proud
of, realizing that it's a huge reflection on the City itself. The Chamber
appreciated every Councilmember's support and that of City staff — for not
only the Golf Cart Parade but all of their activities and the beautiful facility
they were able to do business in.
Mayor Weber called for the vote on the motion, and it carried 5-0 (AYES: Harnik,
Jonathan, Kelly, Nestande, and Weber; NOES: None).
For purposes of clarification:
Councilman Jonathan moved to, by Minute Motion, approve/authorize: 1) Proposed
Special Events and Sponsorships for FY 2019-2020, as amended, with modified donation
totals for: a) Golf Cart Parade - $40,000, with expectations for equally increased
performance and results; b) Behind A Miracle (BAM) - $20,000; 2) City Manager to take
necessary action to facilitate the special events and sponsorships, including making
discretionary changes provided that the total for City -Produced and City -Sponsored Events
does not exceed $719,500; 3) City Manager to execute agreements associated with the
events and sponsorships, if applicable; 4) City Manager to approve miscellaneous
sponsorships for events during Fiscal Year 2019-2020 with values of $7,500 or Tess —
funding for the above will be included as part of the FY 2019-2020 Budget and available
in Account Nos. 1104416-4306101 and 1104416-4306201, once approved. Motion was
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seconded by Councilmember Harnik and carried by 5-0 vote (AYES: Harnik, Jonathan,
Kelly, Nestande, and Weber; NOES: None).
F. RECEIVE AND FILE THE 2019 BUSINESS RETENTION AND EXPANSION
PLAN.
City Business Advocate Deborah Glickman called attention to the Plan
contained within the agenda packets, which was one of Council's 2019
City Goals. Additionally, she said it was identified as a high -priority initiative
in the Economic Development Strategic Plan. She detailed that goal of the
Business Retention and Expansion Plan is to determine the needs of
Palm Desert businesses and best way to address them. She went on to say
this will be done by way of a survey to all City businesses with one-on-one
and group follow-up afterwards, along with putting together potential training
sessions, as identified by the survey, and working on the City website to be
a much more robust resource for Palm Desert business attraction or helping
to expand those currently existing here. She stated the Plan also includes
staff services to help guide businesses through the development process
with the City and answer any questions - a 'one -stop shop' for them. The
Plan contains various other elements, and she offered to answer questions
about it.
Councilmember Harnik noted that in her review of the Plan's Section II - City
Staff Ombudsman Services, the word 'Ombudsman' didn't sound friendly or
approachable, and maybe even non -supportive, which was the exact
opposite of its intention. She felt most people weren't familiar with the term
and asked if it could be changed to 'Support'. She went on to praise the
work done to this point and was glad to see it on the agenda to help City's
businesses flourish.
Councilman Jonathan commented that the initial action here was to conduct
an online survey that requires staff informing businesses about it through a
direct -mail postcard, etc., but Palm Desert is a contract city. While
acknowledging that business retention was certainly a City goal, he felt it was
also an important part of the Chamber of Commerce's existence, and they're
a City partner. He asked if staff had considered outsourcing this activity with
the Chamber.
Ms. Glickman answered that it was absolutely one of the avenues
considered; staff will work with all of the City's partners, asking them to send
e-mails to their Palm Desert business contacts and for further assistance in
setting up meetings. She said this was especially true for the Chamber
Board and General Membership, where she looked forward to working hand -
in -hand with them throughout the process in order to reach as many
businesses as efficiently and effectively as possible. In further response to
question about outsourcing the whole survey process to the Chamber in
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order to preserve valuable staff time, she said it had not been considered but
Imo could be.
Councilman Jonathan offered that the decision didn't have to be made here,
but it was a 'fit' as something the City and Chamber could collaborate on. He
felt this might be such an opportunity to free -up staff time and save some
money in the process. In answer to question, he commented that there had
been discussions about, and the Chamber's been asked and expressed an
interest in, working more closely and more collaboratively with the City on
economic and business issues, leading him to bring it up.
Councilmember Harnik moved to, by Minute Motion, receive and file the 2019
Business Retention and Expansion Plan. Motion was seconded by Mayor Pro Tem
Nestande and carried by 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber;
NOES: None).
XVII. CONTINUED BUSINESS
A. REQUEST FOR AWARD OF CONTRACT TO M & M SWEEPING, INC., IN
A TOTAL AMOUNT OF $304,551 FOR FISCAL YEARS 2019-2020 AND
2020-2021 FOR COMMERCIAL AND RESIDENTIAL STREET SWEEPING
SERVICES (CONTRACT NO. C38460, PROJECT NO. 754-20) (Continued
from the meeting of June 13, 2019).
Councilman Jonathan stated he had asked for this item to be continued in
order for staff to research any alternative technological options instead of
street sweeping, being fully aware that the City has clean air and clean water
mandates to meet.
Ms. Aylaian advised that staff had investigated potential alternatives. One
identified was simply a different contracting strategy, but not a different
technological approach. Staff identified that other cities, especially in the
desert where blowing sand in large quantities is a real problem, have found
that the best practice is to use street sweeping. She said staff was unable
to identify any technology superior to it, noting that the City requires the
operator's equipment be fitted with the current technology. If new technology
becomes available, City would require that it be implemented. At this time,
there was nothing higher tech, newer, different, or better than street
sweeping for removing fugitive dust and sand. Admittedly, she said street
sweeping has its own faults.
Councilman Jonathan appreciated the information, because it was what he
needed to know before being able to consider a $300,000+ contract.
Responding to comment, Ms. Aylaian pointed out that street sweeping is
required by terms of the National Pollutant Discharge Elimination System
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(NPDES). Mr. Garcia added the City has a Municipal Stormwater Permit
requiring street sweeping and is also a requirement of the Air Quality
Management District (AQMD). With regard to some of the concerns relative
to air -blown dust and the like, City staff can address those with the
equipment operator to ensure their tanks are full of water and operating
properly.
Councilmember Harnik noted her support for the matter before City Council.
She appreciated Mr. Garcia's comment about the water requirement for the
sweeper, as Mayor Pro Tem Nestande talked about the dust issue, and she
had seen it occurring too. At that time she asked Mr. Garcia about the dust,
and his answer was that the equipment had probably run out of water. She
felt if that requirement was emphasized by the City and addressed by the
operator, it would make a huge difference.
Councilmember Kelly noticed reference to the technology as "regenerative
air vacuum system." She asked if that meant the sweeper was actually
vacuuming beyond sweeping, and Mr. Garcia confirmed that to be true. She
went on to comment that it was somewhat of a misnomer, because the
company's name is 'M & M Sweeping', which sounds like they're just moving
the dirt and dust around; however, when the truck is operating correctly, the
contaminants are being removed from the environment. Mr. Garcia
concurred.
Councilmember Harnik moved to, by Minute Motion: 1) Award subject contract to
M & M Sweeping, Inc., Thousand Palms, California, in a total amount of $304,551 for
Fiscal Years 2019-2020 and 2020-2021 for Commercial and Residential Street Sweeping
Services, with an option to renew for two additional years; 2) authorize the Mayor to
execute said agreement - funds are available in General Fund Account No. 1104310-
4332000 - Street Repair and Maintenance. Motion was seconded by Mayor Pro Tem
Nestande.
Mayor Weber offered that at the prior consideration, Councilmember Harnik
mentioned it being desirable to save as much sand as possible, clean and
relocate it to the preserve lands within the Coachella Valley Conservation
Commission's (CVCC) jurisdiction. She asked if there was further
information in that regard.
Mr. Garcia answered that waste picked up on the roadways currently is not
recycled and is dumped. He offered to communicate with the operator about
participating in the recycling effort.
Councilmember Harnik noted that CVCC has already started doing this,
suggesting that staff contact them for more information about removing
toxins from the sand and seeing how it will work.
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Mayor Weber called for a vote on the motion, and it carried 5-0 (AYES: Harnik,
Jonathan, Kelly, Nestande, and Weber; NOES: None).
With City Council concurrence, Mayor Weber called for a recess at 6:08 p.m.
She reconvened the meeting at 6:20 p.m.
XVIII. OLD BUSINESS
None
XIX. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT,
AMENDING THE EL PASEO OVERLAY DISTRICT AND THE DOWNTOWN
DISTRICT TO ALLOW PROFESSIONAL OFFICE USES ON THE GROUND
FLOOR FRONTING EL PASEO EAST OF SAN LUIS REY AVENUE, AND
FOR ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA),
Case No. ZOA 19-0002 (City of Palm Desert, Applicant).
Associate Planner Kevin Swartz summarized the history of this case to date,
with prior City Council consideration on March 28, 2019, followed by direction
given at the meeting of April 25, 2019. As reflected in the request title, he
said this item focused attention on the easterly end of El Paseo, bordered by
San Luis Rey Avenue, El Paseo, and Portola Avenue. That area currently
has three existing office uses: 1) Bank of America building; 2) real estate and
vacation rentals in portion of another building; 3) wealth management
business and salon on the corner. He said part of staffs recommendation
was the same as presented previously (March 28) — not allowing office uses
on corner lots nor any abutting/neighboring one another. He added that this
recommendation does have one variation in the type of professional offices;
there was good discussion about medical offices, and the suggestion for a
dental or chiropractic office could fit the criteria. Accordingly, staff modified
its recommendation to allow medical offices. Another criteria was to require
a Conditional Use Permit (CUP). He felt the last criteria was the most
challenging, relative to prohibited office uses that occupy more than 15% of
the total linear building frontage per each side of the street (north and south).
The challenge occurred on the southerly side of the street section, where
there are currently 1,020 total building linear feet, and 15% equals 153 feet;
however, the current wealth advisor occupies 34 feet, leaving 119 linear feet
for a new business — it could be one or several throughout the south side
there. Although, the north side was very limited, it has a total of 875 linear
feet, but the existing Bank of America occupies 120, and the real estate
office occupies 23 linear feet, for a total of 143 feet. If the 15% is applied,
the north side is over the total by 12 linear feet, meaning no new business
would be allowed there. He acknowledged that the recommendation was
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very limiting, with staffs reasoning being to start small with a new concept,
although any of the criteria can be changed by City Council. Further, staff
was unaware of the demand for office uses; over the past couple of years,
there have been approximately three interested in possibly locating on the
street. He said another factor was whether the landlord would approve office
use.
Lastly, Mr. Swartz pointed out that two letters on this case were received
since the agenda was posted. One letter was from Wilma & Frieda's Cafe,
which was opposed to office uses throughout the entire street. He had since
spoken with their representative, advising that this recommendation was only
for east end of the street. Wilma & Frieda's was okay with that
recommendation, because they didn't want to see ground -floor offices
throughout the street. He related that the other letter received was from
Leeds & Sons, which has the opposite position of not wanting to see office
uses segregated in one section of the street. If offices uses were to be
allowed, they advocated allowing them throughout the street. Mr. Swartz
added that was also the position of the El Paseo Parking and Business
Improvement District when staff originally met with them about this issue -
they do not support districting.
Councilman Jonathan pointed out that what he'd said previously was that the
original report lacked an option for City Council to consider increased office
use east of San Luis Rey Avenue and asked where that was in the present
iteration.
Mr. Swartz answered that based on the criteria, it would only be allowed on
the south side of the street there. If the discussion from City Council is to
allow office use, then he would recommend removing the 15% cap.
However, he would still recommend not allowing them on hard corners, as
was also brought up by Mr. Gibbs during the Gibbs El Paseo Study, and not
allowing them adjacent to one another.
Councilman Jonathan was aware that the City Council could make changes
and would ultimately make a decision one way or the other, but countered
that he'd specifically asked for an option - something comprehensive that
increases office use east of San Luis Rey for City Council's consideration.
He again asked where that comprehensive option was being offered in the
current staff report.
Mr. Stendell responded that the comprehensive view illustrates office use is
currently denied, referring to the display showing existing uses that were
'legacy' offices — in place since being grandfathered in if built prior to 1986.
Therefore, the comprehensive office up -zoning being referenced is
prohibited right now until the regulation is amended, as was being presented
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here. He added that if City Council wants a greater amount, they can so
direct.
Councilman Jonathan acknowledged that he probably wasn't clear enough
previously to get the option he was seeking, because this proposal was not
what he asked for or was expecting.
Mayor Weber asked for clarification that the proposal being considered was
only for first -floor offices, because she understood they were already allowed
on the second floor, and Mr. Stendell concurred.
Upon further inquiry, Mr. Swartz confirmed that under the current ordinance,
office use is permitted above the first floor on the entirety of El Paseo and
that today's discussion was only about first -floor office space. Further
responding to question about the current ordinance prohibiting first -floor
office space east of San Luis Rey, he stated other than the aforementioned
three that were grandfathered in, they are prohibited. With regard to
first -floor office use for the remainder of El Paseo under the current
ordinance, he said it was the same prohibition.
Councilman Jonathan restated that the City's current ordinance doesn't
permit any first -floor office use anywhere on El Paseo, except for those that
currently exist. Mr. Swartz pointed out that there is a provision in the
El Paseo Overlay that if the building was built prior to 1987, then an office
use could be permitted there. Further confirming, Mr. Swartz agreed that if
someone wanted to construct a building on El Paseo with office use on the
first floor, it was prohibited.
Councilman Jonathan asked if staff was aware that there are proposed - very
preliminarily - office uses that might enhance the vision east of San Luis Rey,
such as a mixed use project on the corner with some investment advisory
firms, retail, possibly residential above, which would be prohibited under the
proposal under consideration.
Mr. Swartz confirmed the statement, because he said it was based on the
parcel. In further response regarding possibility for an exception, he
answered that it could be included in the criteria and considered as part of
the Conditional Use Permit (CUP) process. He affirmed that this criteria
would need to be added to the present recommended action.
Mayor Pro Tem Nestande restated that theoretically, the 15% rule could be
eliminated in order to rely purely on the CUP process on a case -by -case
basis in order to provide Council more flexibility as projects come along.
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Councilman Jonathan pointed out that the CUP would come before the
Planning Commission and would only come before City Council if it
specifically asked for a review of the matter.
Councilmember Harnik observed that Mr. Swartz referred to two letters
received in this consideration, but she asked about correspondence received
for the March 28 agenda item, because City Council received many on this
topic.
Mr. Swartz responded that he has those letters, just not at this meeting. He
agreed that there was some support from the El Paseo Parking and
Business Improvement District for the entire one -mile corridor. Further
responding to question, he said that group was interested in certain limited
office uses, following the criteria being proposed — not allowed on corners,
or abutting each other; their group recommended a 20% cap — for all of
El Paseo.
With no further questions of staff, Mayor Weber declared the public hearing open
and invited testimony SUPPORTING or OPPOSING Case No. ZOA 19-0002.
MS. CHRISTINE STEIN, on behalf of Leeds & Son Jewelers and
WBS Holdings, El Paseo property owners, referred to the letter submitted
yesterday to City Council from WBS Holdings in support of their position.
Additionally, she noted that she serves on the Board of the El Paseo Parking
and Property Improvement District, which voted for a position similar to that
she was promoting here. For property owners Mr. Terry Weiner,
Mr. Dave Baron, and Ms. Riki Stein, she thanked City Council for bringing the
topic up for consideration and read excerpts of said letter for the record. She
stated they recognize the continued challenges faced in the City of
Palm Desert, more specifically, on El Paseo, with continued vacancies of
properties there. She said as both property owners and luxury retail owners,
they believed that having professional offices interspersed throughout
El Paseo will both reduce vacancies and fill it with local buyers for the goods
and services represented there. Further, they felt allowing market forces to
dictate the percentages and mix of El Paseo would be the way to go, rather
than imposing an arbitrary percentage (i.e., 20%). Although, some cap on
professional office or commercial was probably warranted but at a higher
level. She said they were more concerned about the proposal to make one
section of El Paseo commercial or office use while making another section
primarily retail. Proposal to make the west end exclusively retail, while
allowing or pushing professional and other non -retail to the east end of
El Paseo was very concerning to them — in fact, they felt it was a horrible
idea — picking "winners" and "losers" on El Paseo. She added that aside
from the obvious legal concerns about increasing property values to the
detriment of property owners similarly situated, this idea was antithetical to
the notion of mixed use and a vibrant El Paseo. As the City grows in
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population and popularity, she inquired why it would want to restrict exclusive
shopping to certain zones because it made no sense to a retail operator,
other than to benefit a few landowners. The group she represented wanted
to expand the shopping experience - not diminish it - advocating for a mixed
use environment where people can live, work, and shop all along El Paseo,
and for all to work together.
MS. MARSHA VINCELETTE, Las Montanas Road, Palm Desert, stated she
was employed by IFC California, a California real estate development firm,
which recently purchased the former Union Bank property at the corner of
El Paseo and San Luis Rey. Shortly afterward came purchase of the
building that housed Presage, with the most recent purchase of theirs being
the building that housed Desert Art Collection. She went on to say that
before the purchases were made, her firm spent a great deal of time
reviewing the El Paseo Master Plan Alternatives prepared by Gibbs Planning
Group; they believed that recommendations of the study, emphasizing mixed
use for the east end of El Paseo, was a viable solution to the inability to
attract much traffic to that part of the street. IFC's overall plan for the corner
of El PaseolSan Luis Rey includes some type of residential facility, along
with a wraparound restaurant at the corner; retail will go from the restaurant
to the Presage Building. Further, they believed that a professional office at
the 73811 El Paseo location (former Presage Building) would bring a large
clientele that may not be familiar with that end of the street. They also
believed the tenant will have employees who will visit both restaurant and
retail locations along the street and will also host their clients in the many
restaurant locations there. She remarked they hope first -floor office use on
a limited basis will be allowed, as City Council and staff would have control
over tenancy through the Conditional Use Permit (CUP).
MS. ELYSSA GOLDBERG, BG's El Paseo, concurred with both speakers
prior to her today; they conveyed exactly what she was going to say about
this matter. She agreed with their comments about benefitting El Paseo,
having been on the street for 25 years herself and seeing its evolution. She
felt it was time to go with the current workforce and allow office use on the
first level throughout El Paseo. It would bring new customers, more traffic
to the street — hustle -bustle — and vitality, with people coming and going
throughout the day for all of the businesses there.
MS. LISA DEMPTON, El Paseo, stated she was both a building and
business owner on the east end. She believed mixed use was needed but
should not be limited to one end of the street. She noted the east end
already has issues with retail and vacancies, and there is concern that if
they're limited to the office -use end, visitors will forget about the retail there.
MS. SONIA CAMPBELL, Spectacular Shades, El Paseo (on the east end
past San Luis Rey) said she had been in her location for 31% years and
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seen many changes. Further, she's also been a Member of the El Paseo
Parking and Business Improvement District (EPPBID) Board for close to 30
years. She was opposed to first -floor Office Professional on El Paseo,
noting that the EPPBID Board voted a few months ago for approximately
20% of Office Professional throughout the street, not just on the east end
past San Luis Rey. She added that area has been plagued for many years
with three banks located there from before. She commented that people
would stop at San Luis Rey where Neil's was and not go any farther east
after seeing the bank on the corner, assuming that's where the retail ended.
She said they have lost quite a bit of business because of this, but now that
the Union Bank corner is available were looking forward to retail or a hotel
there. She urged City Council to allow Office Professional on the whole
street, not just the east end past San Luis Rey.
MR. RAY RODRIGUEZ, Palm Desert, related in 1960s Palm Springs, there
was a little taco shop called Las Casuelas that opened on North
Palm Canyon Drive, because 'that's where all the action was.' At that time,
South Palm Canyon Drive was pretty blighted. Then the owners of
Las Casuelas went to South Palm Canyon Drive and bought an old place,
and everyone told them they were nuts. Subsequently,
Las Casuelas Terraza opened on South Palm Canyon Drive, and today that
area is bustling with activity. He felt it would be an error to try and district the
beautiful street Palm Desert has created on El Paseo; City Council has
shown wisdom in past decisions, keeping it a high -end street with high -end
goals and maintaining those standards. He believed allowing a percentage
of non -retail has been good for the area and will continue to be; however,
vacancies were not. Therefore, he asked City Council to rule against
designating specific districts for set purposes, because as with South
Palm Canyon Drive in Palm Springs, no one really knew what would happen
with some different strategies, investing, or thinking along the street, and
there were beautiful opportunities for the future there that shouldn't be
limited.
With no further public testimony offered, Mayor Weber declared the public hearing
closed.
Councilmember Kelly stated that allowing some professional office use on
the street makes sense and does so from the vantage point of the retailers.
With correct selection of the type of professional offices to be located there,
it can bring some additional people to the street and assure that they're
potential customers for the retail establishments. For the proposal to achieve
that objective, it needs to be interspersed and not concentrated at one end;
therefore, she strongly favored a uniform policy for the whole street. She
hoped City Council would instruct staff to come back with a proposed
ordinance making the listed factors (i.e., corner status, potential placement
next to another office use) conditions to be considered in the CUP
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(Conditional Use Permit) process, instead of absolute prohibitions, giving the
Planning Commission flexibility to respond if a perfect corner proposal came
along with some food service -restaurant use coupled with an office on the
first floor. She reiterated that her preference was for an ordinance treating
some of the mandates as factors to be considered in the CUP process and
reassesses the appropriate percentage cap for the street.
Mayor Pro Tem Nestande noted her support for such a proposal.
Councilman Jonathan observed that his thinking about office use on
El Paseo has evolved, based on business and property owners talking to him
about it from before and tonight, and his colleagues' comments. He pointed
out that his original dream was to fill El Paseo with retail, as was the City's
vision. Recently he visited Palm Canyon Drive in Palm Springs and walked
quite a distance on it, noticing there was no office use until the very southern
end. He felt it was more of an ideal, and maybe there were different ways
to achieve it, noting that if people on the street were saying this was the best
way to make El Paseo successful, then it should be heeded. Additionally, he
pointed out that the City shouldn't talk in extremes, referring to
Councilmember Kelly's remark that office should be allowed throughout
El Paseo. He called attention to the fact that it already is permitted on the
second floor, without restriction, cautioning that this fact should not be
overlooked. He said as office use is added there, it could create a situation
where too much could choke off the very retail the City's trying to grow and
needs to keep that in mind going forward. He felt Councilmember Kelly's
proposal made abundant sense, and he liked it — giving ability to press on
the accelerator or let up — along with staff returning to City Council with a
regulation to provide it. Lastly, he hoped that when it returns, the regulation
contemplates exactly the type of mixed project described potentially for just
east of San Luis Rey on the south side of El Paseo, combining retail with
office and residential, because it was the very ideal he felt all wanted to
achieve.
Councilmember Harnik thanked staff for all of the work on this matter, then
asked for the meaning of the term "quasi -government uses," and Mr. Swartz
responded it would be CVWD (Coachella Valley Water District), The Gas
Company, or the like. She went on to report that she'd done her own
counting on El Paseo this morning, and there were certainly more vacancies
than the City, or other businesses who depend on foot traffic, would like. It
was important to create a sense of vibrancy on the street, and she believed
the CUP (Conditional Use Permit) is a great tool to make sure the right mix
of offerings is available there. She proposed that City Council go forward
tonight with staffs list of qualifications — professional offices, offices engaged
in the production of intellectual uses — agreeing with Councilmember Kelly
that they should be factors in the CUP process.
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Upon inquiry about making a motion here that would allow street -level
professional businesses, Councilmember Kelly responded that if the City
Council was going to shift from specified prohibitions to factors considered
in the CUP process, it was enough of a rewrite to ask that staff return with an
ordinance that is carefully crafted for that purpose. Councilmember Harnik
concurred, adding that she felt the City should remain nimble enough in the
CUP process that it can respond instead of react. She also urged getting
this back before City Council as quickly as possible, because those who rely
on El Paseo for their livelihood need this new activity — people window-
shopping, purchasing items, generating revenue — that not only helps
El Paseo but the entire City. She felt the document presented here was very
close to what can be returned for consideration soon.
Councilmember Kelly moved to, by Minute Motion, direct staff to: 1) Return to the
City Council with a proposed ordinance for professional office uses that would apply to the
whole of El Paseo, using factors set forth in the staff report as considerations (instead of
absolute prohibitions) that would be assessed in the Conditional Use Permit (CUP)
process, and emphasizing identification of desirable uses contemplated within the City's
vision; 2) provide a related proposal on the issue of percentage cap for professional office
use. Motion was seconded by Councilman Jonathan.
Councilman Jonathan emphasized it was very important that instead of
prohibiting certain uses, the new ordinance identifies the types that are
desirable. Moreover, the City doesn't want to start with "no," but have
something to discuss for promoting the shared vision, including uniformity
throughout El Paseo.
Mayor Pro Tem Nestande pointed out with regard to a percentage cap, that
Mr. Swartz's staff report indicated the north side of the street was already
pretty close to 15%. Therefore, if City Council wanted to approve a corner
project at San Luis Rey, it could not do so; yet she liked the sound of that
project.
Councilmember Kelly pointed out that was the reason she preferred giving
staff a chance to work with the proposed regulation. She agreed the list of
factors to be considered in the CUP process could, hopefully, start by
defining the goal of being compatible with and supportive of retail uses.
Mayor Weber called for the vote on the motion, and it carried 5-0 (AYES: Harnik,
Jonathan, Kelly, Nestande, and Weber; NOES: None).
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B. REQUEST FOR APPROVAL OF THE ENGINEER'S ANNUAL LEVY
REPORT FOR, AND FOR ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN, CITY OF PALM DESERT
BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2019-2020.
Deputy City Treasurer Tom Metz reviewed the request and the staff
recommendation.
Mayor Weber declared the public hearing open and invited testimony
SUPPORTING or OPPOSING the District. With no public testimony offered, she
declared the public hearing closed.
Councilmember Harnik moved to waive further reading and adopt Resolution
No. 2019 - 43, 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 2019-2020, pursuant to provisions of The Benefit Assessment Act of 1982.
Motion was seconded by Mayor Pro Tem Nestande and carried by 5-0 vote (AYES: Harnik,
Jonathan, Kelly, Nestande, and Weber; NOES: None).
C. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S ANNUAL LEVY
REPORT FOR, AND FOR ORDERING THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS WITHIN, CONSOLIDATED PALM DESERT
LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO. 1 FOR
FISCAL YEAR 2019-2020.
Deputy City Treasurer Tom Metz reviewed the request and staff
recommendation.
Mayor Weber declared the public hearing open and invited testimony
SUPPORTING or OPPOSING said District. With no public testimony offered, she
declared the public hearing closed.
Councilmember Kelly moved to waive further reading and adopt: 1) Resolution
No. 2019 - 44, approving the Final Engineer's Annual Levy Report for Consolidated
Palm Desert Landscaping & Lighting Maintenance District No. 1 for FY 2019-2020;
2) Resolution No. 2019 - 45, ordering the levy and collection of annual assessments within
Consolidated Palm Desert Landscaping & Lighting Maintenance District No. 1 for FY 2019-
2020. Motion was seconded by Councilmember Harnik and carried by 5-0 vote (AYES:
Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None).
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D. REQUEST FOR APPROVAL OF RESOLUTIONS RELATED TO ADOPTION
OF THE FISCAL YEAR 2019-2020 BUDGET AND CAPITAL
IMPROVEMENT PROGRAM (JOINT CONSIDERATION WITH THE
PALM DESERT HOUSING AUTHORITY).
Ms. Moore related that the Fiscal Year 2019-2020 annual operating Budget
for the City was now before Council, following two lengthy Study Sessions
in early May to discuss the proposed plan and five-year Capital Improvement
Program. She said the City's General Fund Revenues were expected to
increase by approximately 4.6% over the FY 2018-2019 Budget for a total of
$60.67 million; General Fund Expenditures increased by approximately4.5%
over FY 2018-2019, totaling $60.63 million, and the Budget was balanced.
She noted that Article XIII(B) of the California Constitution requires
calculation of an Appropriations Limit for the City, and it amounted to less
than half of the total limit of $138.5 million. Further, she said in
FY 2019-2020, the City's Capital Improvement Program (CIP) totaled
$22.1 million, and the request included authorization for the allocation of 116
positions, including four new positions from 2018-2019 (2-Student Interns,
2-Temporary Employees) that City Council previously discussed in the Study
Sessions. In addition to the other recommended actions, the request
includes an Out -of -State Travel List for the named destinations and staff
members attending. She offered to answer any questions.
Mayor/Chairman Weber declared the public hearing open and invited testimony
SUPPORTING or OPPOSING the Budget and Capital Improvement Program. With
no public testimony offered, she declared the public hearing closed.
Councilmembers/Members jointly extended great appreciation to Ms. Moore,
the Finance Department, and City staff for the good work in calculating and
putting together a fiscally responsible plan that reflects and incorporates the
City Council's 2019 Goals, and is soundly based on the elements set forth
in both the City's General and Strategic Plans. Further, it was recommended
that a summary of the adopted Budget be featured in a future edition of the
City's Bright Side newsletter to notify and inform residents of this important
aspect of the City's governance.
Councilman/Member Jonathan moved to: 1) Waive further reading and adopt:
a) Resolution No. 2019 -46, adopting the Budget and Capital Improvement Program (CIP)
for the Fiscal Year of July 1, 2019, through June 30, 2020; b) Resolution No. 2019 - 47,
establishing the Appropriations Limit for the Fiscal Year 2019-2020; c) Resolution
No. HA - 92, adopting a Palm Desert Housing Authority Budget for the Fiscal Year of
July 1, 2019, through June 30, 2020; d) Resolution No. 2019 - 48, the Staffing Allocation
and Salaries Resolution, setting the FY 2019-2020 Salary Schedules, Salary Ranges, and
Allocated Classifications; 2) by Minute Motion, approve Out -of -State Travel, as listed in the
attached memorandum of the same name. Motion was seconded by Mayor Pro TemNice
Chairman Nestande.
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Councilmember/Member Kelly commented that at the recent League of
California Cities Executive Forum and Advanced Education Workshop, she
attended the all -day session on city finances and felt it should be noted that
Palm Desert's policies and practices exceed everything that was
recommended. She said the method of presentation, White Papers, the
detail and care that was taken in this process were to be greatly lauded, and
her colleagues all concurred heartily.
Mayor/Chairman Weber called for the vote on the motion, and it carried 5-0 (AYES:
Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None).
XX. ADJOURNMENT
With City Council concurrence, Mayor Weber adjourned the meeting at 7:08 p.m.
ATTEST:
RAHELLE D. KLASSE , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
';_,._ _ LA-)32-1-
SUSAN MARIE WEBER, MAYOR
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