Loading...
HomeMy WebLinkAbout2019-10-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 24, 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 3:05 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 Andy Firestine, Assistant City Manager Rachelle D. Klassen, City Clerk 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 Mike Beverlin, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bryan White, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Grace L. Rocha, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) MR. VINCENT P. HEURING, Pinyon Street, Palm Desert, noted he serves on the City's Citizens' Sustainability Committee, and today he wished to address district elections. He attended a presentation from guest speaker Stephen Moses who was a member of the Palm Springs Advisory Group recommending the formation of the movement toward district voting. Although, he is in favor of the current system, he didn't have a strong opinion about it. The essence of Mr. Moses comments were. that the Southwest Voter Registration Education Project and several other groups MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 lead by Attorney Kevin Shenkman, one of the most prolific and Civic Rights lawyers of his generation, have sued many cities all over the State of California to force a change in municipal elections from at -large to a district -based voting system. They have won all but one of their lawsuits, costing communities thousands to millions of dollars. For example, Palm Dale has spent more than $7 million defending their losing position. It's his understanding Palm Desert has also received such a letter to sue and force compliance. He said Palm Springs caved or relented upon receipt of the letter, and they are in the process of designing their district -based systems. He wonders if a city should vote to adopt this system within 45 days receipt of letter, because the city would be subject to a cap of $30,000 as a safe harbor and upper limit of attorney fees that the plaintiff can recover. Three times during the presentation, he warned there should not be a change to the election of the Mayor with district -based voting, because it would complicate the design of the districts. This group had dozens of weekly meetings that were opened to the public for the development of the Palm Springs district electoral map, and they retained services of a demographer. However, if Palm Desert decides to go to district elections, he asked that the City do it on it's own. He recognized he was late to the process, but he remains interested in the discussion and the outcome. IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: SEC Fred Waring Drive/San Pablo Avenue (APNs 627-101-002, -017, -033, -061, -062), Palm Desert Negotiating Parties: Agency: Lauri Aylaian/Martin Alvarez/Wayne Olson/ City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment 2) Property: Joe Mann Park, Palm Desert (APN 637-062-010) Negotiating Parties: Agency: Lauri Aylaian/Ryan Stendell/City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 3) Property: Palm Desert Country Club (APN 637-020-011) Negotiating Parties: Agency: Lauri Aylaian/Ryan Stendell/City of Palm Desert Property Owner: PD Holdings Inc. Under Negotiation: x Price x Terms of Payment 4) Property: Desert Willow Lot Pad E - 11.17 Acres at the NEC Country Club Drive/Desert Willow Drive Negotiating Parties: Agency: Lauri Aylaian/Martin Alvarez/City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment 5) Property: Desert Willow Golf Resort - Overflow Public Parking Lot (Portion of APN 620-400-008 and APN 620-420-024) Negotiating Parties: Agency: Lauri Aylaian/Martin Alvarez/City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment B. 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 C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 D. Conference with Legal Counsel regarding potential to initiate litigation pursuant to Government Code Section 54956.9(d)(4): Number of potential cases: 1 With City Council concurrence, Mayor Weber adjourned the meeting to Closed Session of the City Council at 3:12 p.m. She reconvened the meeting at 4:03 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 Mr. Hargreaves reported on the following Closed Session Items: 1) Property: SEC Fred Waring Drive/San Pablo Avenue (APNs 627-101-002, -017, -033, -061, -062), Palm Desert The City Council voted unanimously to extend the Exclusive Negotiating Agreement (ENA) with the Chandi Group. 4) Property: Desert Willow Lot Pad E - 11.17 Acres at the NEC Country Club Drive/Desert Willow Drive The City Council voted unanimously to enter eight -month Exclusive Negotiating Agreement (ENA) with Retail Connection. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Member Alan Cho VII. INVOCATION/INSPIRATION - Councilmember Jan C. Harnik VIII. AWARDS AND PRESENTATIONS A. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER ALAN CHO. Mr. Cho reported the Committee is planning multiple events during the course of the year, starting with the Golf Cart Parade where they will be assisting with the senior seating arrangements. In November they will be helping with the Relay for Life event and in December with the Lincoln Elementary After -School Program. Also, this year they plan to assist with the 50th Anniversary of Earth Day. The Committee will continue with their Technology Workshops at the Joslyn Center and other monthly activities. He said they are excited to learn more things about the City, because being involved has been very rewarding. B. PRESENTATION OF PROCLAMATION BY THE CITY OF PALM DESERT, RECOGNIZING 25 YEARS SINCE ENACTMENT OF THE CALIFORNIA DESERT PROTECTION ACT. On behalf of the City Council, Mayor Weber presented the proclamation to Ms. Tammy Martin from the Friends of the Desert Mountains. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 Ms. Martin graciously accepted the proclamation and thanked the City Council for their continued support of their organization, especially the 25th Anniversary of the California Desert Protection Act. She announced that on November 9, they will be celebrating the 25'h Anniversary along with the National Public Lands Day at the Indio Hills Trailhead. The event starts at 8:00 a.m. and ends at noon, stating more information can be found on their website at desertmountains.orq or call the office at (760) 568-9918. C. PRESENTATION OF 2019 PALM DESERT "MINI -MUSTER" ARTWORK AWARDS. On behalf of the City Council, Mayor Weber presented the proclamation to Historical Society Coordinator Mike Lewis and Battalion Fire Chiefs Bryan White and Mike Beverlin. Mr. Lewis stated this was the 27'h year of Mini -Muster and more than 1,700 3rd graders have been trained on fire safety preparedness. It's an amazing event, and today it's recognizing the artwork winners. Mayor Weber stated the following winners will also ride on the fire truck from the Historical Society in the Palm Desert Golf Cart Parade on Sunday, October 27: George Washington Charter Elementary - Adam Griffin Ronald Reagan Elementary School - Katy Wang Abraham Lincoln Elementary School - Lars Larsen Jr. Gerald Ford Elementary School - Elle Majors James Carter Elementary School - Juan Garcia Mr. Lewis thanked the school districts, teachers, parent/teacher organizations, and the fire department, because there are a lot of moving parts to make the Mini -Muster event happen. He noted the artwork will be on display at surrounding fire stations for a year. Councilmember Kimberly Muzik from the City of Indian Wells stated she was thankful for the program and proud to honor these children on their artwork. Battalion Chief Beverlin stated this event is a huge team effort as they start working on it months in advance. Obviously, they wouldn't be able to pull it off without the support of the Historical Society and the City of Palm Desert. This year they had the helicopter land at two of the schools, so filing flight plans and obtaining permits is necessary, but everyone has a lot of fun, and they are excited to hang the artwork at their fire stations for the next year. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 IX. ORAL COMMUNICATIONS - B MS. DEBBY MCCORMICK thanked the City Council for the opportunity to make a presentation. She said she coaches a diving team in Long Beach, but they lost their pool seven years ago, so Palm Desert is her new home. She hopes she will be able to come back every year until they get a new home. She provided a brief history on their club, stating they are celebrating 51 years of McCormick divers, and the divers are between the ages of 6 and 18 years. The coaches work with all the schools in Long Beach, stating she has inherited a lot of gymnasts to the club. She provided a 2-minute video showing some of the things that divers will be doing at the upcoming competition at the Palm Desert Aquatic Center on November 9, 10, and 11, 2019, adding they will hold their reunion and party at Las Casuelas Cafe. She noted Councilmember Jonathan, Mayor Weber, and Community Development Director Ryan Stendell has been helpful and supportive of the event. They will have teams from all over the country participating, including a Chinese diving team, which will give the event an international flare. She explained that her late husband Glenn McCormick was one of the best diving coaches in the world; he coached Olympic and world game teams, but unfortunately, he died 26 years ago from Melanoma. She is doing everything possible to keep the legacy of McCormick Divers alive, which is the name of her club. She said they will be providing a wonderful program for the City in November at the Palm Desert Aquatic Center. MR. PAUL MURPHY thanked the City Council and City staff for what they've done in moving forward with the wave park, stating it's the most fantastic thing for the City. He said the people that are concerned about the water usage have gone overboard, because when you consider that 80% of the water being used in this Valley is used for agriculture and golf courses. He congratulated the Council for bringing this project to the City. MR. WALLY MELENDEZ said students attending College of the Desert are so talented, resilient, and amazing that the College should offer a four-year degree for a bachelor's in whatever field. He noted College of the Desert has a foundation, and he heard they have $113 million, adding that the Coachella Valley is not a poor area. Therefore, he felt the City owed it to the students to do something about making College of the Desert a four-year college, because once you find out it's a two-year college, it connotes it's a vocational school. MS. TAMARA SORENSEN, Shadow Mountain, Palm Desert, thanked the City Council for its stewardship over the beautiful City. She noticed there are enhancement and new vitality coming to Palm Desert, which is good for the residents. However, the talk of the town is the multicolor crosswalks on El Paseo. They are fun looking and very bright, unfortunately, the tire marks are already showing up on them. Her main question this evening was to find 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 out the reasoning for installing speed bumps on El Paseo. Secondly, because of the increase in jaywalking, she felt the crosswalks could be augmented with lighting instead of using bright colors on the pavement. She asked if any thought was given to the jaywalking issue, because it's very prevalent in the City. MS. LISA NAGLER, Shadow Mountain, Palm Desert, said she came with her neighbor Ms. Sorensen, the previous speaker. She said she drives on El Paseo every day, and she found the colored crosswalks very distracting, and she was speaking on behalf of many others. She added that the design was circus like and it has cheapened the street of El Paseo. She doesn't understand the reasoning behind the multicolors, stating that pavers or brick would be more beautiful. MR. JOE GAUGUSH, Broken Arrow Trail, Palm Desert, stated that contrary to Mr. Melendez's comments, community colleges are not vocational schools. In fact, he received his college education at a community college, which prepared him for the four- year school that he eventually graduated from, stating they are very important. Also, he agreed with the comments made about the multicolored crosswalks, and he would appreciate consideration or future thoughts on El Paseo. X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY A. Councilmember Jan C. Harnik Committee Reports and General Comments. 1. Paint El Paseo Pink - the event was an amazing success. The rough estimate is that there were more than 2,300 attending. It's a local organization that raises funds to help local people with their cancer care. 2. El Paseo Improvement District (EPID) - as the liaison to the District, she reported members had favorable comments about the crosswalks and the changes. She has received both positive and negative comments from others, but she reminded everyone this was a demonstration project and there may be some tweaking down the line. To put it in perspective, when the City installs the new art exhibitions, there are positive and negative remarks, because it's art, and it's subjective. Similar to the art placed on the City's Utility Box Program where there is positive and negative comments made. 3. Leaaue of California Cities Annual Conference - reported many Councilmembers and staff attended the conference. She said there was a lot of information provided on economic development, housing, and leadership technology. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 4. UCLA. Lake Arrowhead Symposium - attended the symposium, which was about creating opportunity and equity in transportation, housing, and jobs, and where cities can go from there. 5. Coachella Valley Economic Partnership (CVEP) Meeting - at this meeting, Dr. Jake Zhu, the new Dean of the Cal State University, San Bernardino - Palm Desert Campus, talked about the new four-year degrees and the programs that will be offered. B. Councilman Sabbv Jonathan Committee Reports and General Comments. 1. Desert Community Enerav (DCE) - he and Community Development Director Ryan Stendell attended the meeting, recalling that Palm Desert is one of three board members. The contract with Lift to Rise was approved, stating the program does outreach for the program that reduces utility rates (electrical and gas) for qualifying households. When the Request for Proposal went out, the goal was to reach 1,500 households, and Lift to Rise said they could do 3,000, which is one of the reasons they were selected. Staff and the community will be hearing from them in the next few months. The contract that was approved was merit based over the next two years and could reach as much as $62,000, but the savings to the residents of Palm Springs, Cathedral City, and Palm Desert, will exceed several million dollars per year. He's proud that Palm Desert is part of this effort, and the City will be hearing from Lift to Rise soon, and he looked forward to their success. C. Councilmember Kathleen Kelly Committee Reports and General Comments. 1. Affordable Housina Subcommittee - reported the City Council appointed her and Councilmember Harnik to this subcommittee with the goal of working with staff on examining the City's policy and take some initiative to spur, in particular, affordable housing. With staffs help, a draft policy was drafted, which Principal Planner Eric Ceja shared at a stakeholders gathering this morning. The news was cast very widely to encourage a wide range of stakeholders to attend. Ultimately, it was a small group of folks involved in affordable housing development, and she felt it was a very fruitful exchange; therefore, the effort is progressing. 2. Southern California Association of Governments (SCAG) Methodoloav - reported that SCAG's progress in developing a methodology to allocate the housing goals for the next eight years, as specified by the State for Southern California. The current proposed methodology results in a higher number for Palm Desert than anticipated. She's been a part of several committee meetings for 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 SCAG in looking at this, and it appears that it's a function Tess of the methodology than some of the data input, which staff feels is a basis to question. She understands staff is reviewing those particulars and may have a submission to address the calculation as it applies to Palm Desert. D Mavor Pro Tem Gina Nestande Committee Reports and General Comments. 1. Salton Sea Summit - reported that in her humble opinion, this was the greatest environmental issue facing the Valley, because the Salton Sea is dying. After attending the seminar, she's optimistic, because experts from all over the United States, even international, shared great ideas. More importantly, there seems to be financing to actually bring some of these ideas to fruition. The goal is to "Save the Salton Sea by 2025." She is cautiously optimistic that maybe this time, it might just happen. E. Mavor Susan Marie Weber Meeting Summaries Report for the Period of September 28 - October 11, 2019. With City Council concurrence, the Meeting Summaries Report was received and filed. F. City Council Requests for Action. 1. Desert Health Care District - Councilman Sabby Jonathan reported everyone has probably heard and read about the concerns with DHCD about not continuing with their commitment to fund $10 million toward CV Link, which directly impacts the City of Palm Desert. He added Palm Desert residents, through their property taxes, paid into the fund. Therefore, the District has stewardship over Palm Desert residents' funds, and they made a commitment to allocate $10 million to CV Link. There is a public hearing scheduled for November 7, 2019, for the Desert Health Care District. He requested Council authorize the City Manager, if she so chooses, to issue a letter to be presented to the Board of Directors of the District, expressing the City's concern regarding the potential reversal of the District's commitment. Mayor Pro Tem Nestande supports the request, in fact, she discussed that very issue with the City Manager last week. Ms. Aylaian confirmed she saw a consensus on the dais on this issue. 2. El Paseo Improvement Proiect - Councilman Sabby Jonathan offered the vast majority of the people that spoke to him expressed concern and opposition about the multicolor crosswalk design. In fact, well 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 over half of the comments came from business owners and operators on El Paseo, questioning if the El Paseo Business Association District was hearing from all the merchants. He understood this was a demonstration project, and he wasn't sure if the project had an end date, but if this was a mistake, he wouldn't want it to continue for another one or two years. He asked staff to look into what options the City had and present them to the City Council for discussion. If the consensus of the Council is to leave them there and move forward, it will give those that expressed concern some resolution whether they agree or not. If Council chose to correct what may be perceived as a mistake, it can do so sooner rather than later. Councilmember Kelly agreed, stating she too heard quite a few expressions of concern. There is appreciation for the attempt to do something that's pedestrian friendly, but concern that this particular demonstration misses the mark in a few respects. She understands the City is about to do the same thing on the intersection of Highway 74 and El Paseo, because she would like to know what the consequences are for hitting the pause button on the project. Councilman Jonathan appreciates Councilmember Kelly's comments, because the comment he received yesterday was from a merchant that is directly in front of that crossing and is very concerned. He in fact had asked the City Manager if they can hit that pause bottom. He said that earlier today that crossing was just white lined, but the colors were not yet painted. Ms. Aylaian explained that typically for a demonstration project, the improvements are installed, and depending on the type and nature, staff waits several months and up to a year to collect feedback on the totality of the installation and then report back to the City Council, which was in the works. She said the multicolor crosswalk at the intersection of Highway 74 and El Paseo was added to the project specifically at the request of the City Council at the last meeting. She added there are two designs, one has the bold geometric colors and the second one is a floral design that might not cause a lighting rod reaction, which may be used instead. She said the designs are done in templates, so she didn't know how fast this could be done and/or changed. Mayor Weber asked for guidance from the City Attorney on whether to add this item to the agenda for further discussion. Mr. Hargreaves stated that given this has come up and now there is an urgency for acting on it, Council could add it to the agenda by a four/fifth vote in order to have a discussion and possibly take action. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 Councilman Jonathan requested adding the El Paseo Improvement Project to the agenda. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). Ms. Aylaian stated this project came about by Council and the community as whole to create a new and more vibrant palette for El Paseo and alert motorist to pedestrians at pedestrian crossings. The designs selected are purely subjective and people will react differently to them, but staff will do whatever the City Council directs. Mr. Garcia pointed out that the crosswalk on El Paseo and the intersection of Highway 74 is half completed with the geometric design; some of the colors have already been painted. In order to change it, the current design would have to be removed. Councilman Jonathan said there has been enough concern expressed, so it would be appropriate to address the issue at this time. He believed there were two issues, one is the design and the other is whether to paint the crosswalk, because the tire marks are having their impact. He would like staff to look into it and identify the issues and present some option to the City Council, hopefully by the December meeting. Mayor Pro Tem Nestande agreed, stating there is also a plan to install the flashing lights, so there are other elements to consider. Councilmember Harnik added that the flashing lights are being installed on the speed tables. She said anytime there is change, there will be a reaction, because it's human nature. The question about whether it's the best design, she said it's probably not, but she recalled everyone on the dais wanted to move quickly. She also heard complaints about the speed tables because drivers are not used to them, however, they are doing a great job of slowing vehicles down on El Paseo, which provides safety for pedestrians. With regard to the color design, she agrees it won't be everyone's favorite, but she felt time had to be given to the changes, stating there is better material that will address the issue of tire marks. This demonstration was to show where the bulb outs would go in order to create a more pedestrian friendly and safer crosswalk at the intersections. Her only request is to allow all the improvements to be installed and wait until residents return for the season, and maybe it won't be so jarring to them. She said the flat-footed daisy is a native flower that will go on all speed tables. In the meantime, staff can explore better materials and designs that might be more pleasing. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 Responding to question, Mr. Garcia confirmed the crosswalk on El Paseo and Highway 74 on the north side has already been painted, and only one crosswalk of the four at that intersection is being improved. Councilmember Kelly summarized that Council has learned that it has great staff, because they were asked to be creative and to do it quickly, and they provided both requests. Council saw something that looked terrific on paper, but that's not always the case. What she is hearing from folks is that these ideas are just not a fit for the style of El Paseo and the materials are not working well. She believed we have learned what it hoped to learn with the demonstration, so she would support Councilman Jonathan's direction to staff, but to begin the consideration of where to go from here and not wait a year. Since Council has learned the consequences of rushing, it may choose to be a little bit more deliberate at this time. Mayor Pro Tem Nestande commented that art is so subjective that any design will have a strong positive or negative reaction, so perhaps conducting an on-line voting on the City's website on the design could be considered. Councilman Jonathan clarified he wasn't looking to make a decision this evening about the paint or make a selection. He agreed with Councilmember Harnik, because he wasn't looking to throw the baby out with the bath water. He believes what the City is doing on El Paseo is absolutely amazing and it will be a game changer and positive. He really just wanted to address the paint selection on the crosswalks, and he didn't want to see more of that specifically. Therefore, instead of waiting a year to address this issue, he suggested waiting until December, allowing merchants and residents to experience it. Responding to question about the daisy design that will go on the speed tables, Mr. Garcia said they will be ready to be installed in about two weeks after the golf cart parade. Ms. Aylaian believes the daisy design is very different and will be received differently as well. Since the City Council won't meet again until the middle of November, she asked staff to pull up the design for the City Council's benefit. Mayor Weber is hearing that Councilman Jonathan is requesting to add this issue to the December agenda with comments from staff about options, and she's also hearing to continue what has already 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 been started in order for the public to get the full experience of all the impacts. Councilman Jonathan asked if it would be Tess expensive to install the daisy on just one crosswalk rather than on all three. Mr. Garcia responded that staff would have to mobilize the contractor again, depending on the time between the first speed table and the remaining two. Ms. Aylaian said it would be less expensive overall with the City getting back .30 cents to the dollar. However, staff recommends going forward with the installation of the daisy design, adding she loved Mayor Pro Tem Nestande's idea about polling the residents and merchants on the design and on all the improvements. Mayor Weber offered she only heard positiveness about people not having to step down on the crosswalk and being excited to try the new speed tables. Councilman Jonathan suggested not tampering with what has already been committed and have staff review the issue and provide the input to Council at the December meeting. Councilman Jonathan moved to, by Minute Motion, direct staff to review the multicolor crosswalk issue and explore options and report back to the City Council at the December 12, 2019, meeting. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). G. City Council Consideration of Travel Reauests/Reports. None XI. STAFF REPORTS AND REMARKS A. City Manager 1. City Manager's Meeting Summaries Report for the Period of September 30 - October 11, 2019. With City Council concurrence, the Meeting Summaries Report was received and filed. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 1.a 1.b League of California Cities Annual Conference - reported many staff members attended the conference, and she will put together a study session where some of the things learned can be shared and discussed. Introduction of Ms. Slaitip Subhanka - who goes by the name "Tony," is visiting the City of Palm Desert. She is a member of the Young Southeast Asian Leaders Initiative (YSEALI), and she will be studying things that can be done in Southern Thailand to reduce their dependency on coal- fired power plants. She is looking at solar power that's done in the Coachella Valley and elsewhere, and a number of other projects. She is working with Management Analyst Chris Gerry, who has put together a tour for her in looking at and considering different things for her to take home. This is part of the exchange program at no cost to the City. She also had an opportunity to attend the International City Manager's Association (ICMA) Annual Conference in Nashville as part of the whole program put together by Mr. Gerry. 2. Request for Direction Regarding the Process for Recruitment and Appointment of Committee and Commission Members. Ms. Aylaian stated that staff had forged ahead with a plan to schedule a Study Session on this topic before year-end. Additionally, tentative interview dates of December 18-20 have been placed on Councilmembers' calendars, but City Council direction was first needed on a number of questions, as involvement of citizen members on the City's advisory bodies and Council's reliance on that input is significant in Palm Desert. She said as staff was trying to schedule said Study Session for this discussion, and thinking about implementing a new procedure for the process by December, it was felt that scheduling conflicts for everyone involved were mounting with the upcoming holiday season. Therefore, staff felt perhaps it should pause and resync the schedule for appointments to coincide with the fiscal year instead of a calendar year. She offered that it could be done either on a one-time or ongoing basis and sought direction. Mayor Weber noted that with everything that City staff was doing presently, while at the same time attempting to coordinate councilmembers' schedules during the holiday season, it's very difficult to get all five together for interviews, and many applicants also have out-of-town plans at that time. Therefore, she felt it was logical to pair the process with the fiscal year — after Council is done building the budget but before people leave town on summer vacation. This would provide more time to review everyone's ideas for the Committees and Commissions, such as the intent for each, standards 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 of review, ongoing applicability, and/or modification. She felt it would be easy to send a letter to those with upcoming term expirations to say how appreciative the City was for their service and would like to extend it for another six months. Then everyone could also be notified of the future schedule for application submission and interviews. Mayor Pro Tem Nestande didn't believe there was a problem with the existing system, but welcomed her colleagues' perspectives. Councilmember Harnik offered that in recent meetings, there's been a lot of discussion about Committee/Commission service in general - composition of those bodies, applications, applicant qualifications, the interview process, reshaping terms and timing of appointees assuming office. Moreover, in order for City Council to have a meaningful and productive conversation of all these issues, with changes likely to result in the 17 Committees and Commissions, she felt it would be in the City's best interest to take the amount of time necessary. She concurred with Mayor Weber that staff was already working on many projects, stating it would be better to wait. In response to question, Mayor Weber proposed sending letters to current Committee/Commission Members, advising that if their term was going to expire in December 2019, it would be extended to June 2020. This would be followed by City Council starting to review its process of Committees and Commissions, their bylaws, all aspects, lining up interviews at a mutually available time for Council and staff. Upon Mayor Pro Tem Nestande's inquiry about current vacancies, Mayor Weber confirmed they would remain for the time being. Councilmember Kelly observed that the City Council had been planning to work on this process since she came on in 2016. As long as the City Council actually took up this matter in the near future, she could defer to her colleagues who wished to postpone it for a few months. She urged the required Study Sessions be calendared right away, because this matter had continued to fall to the bottom of the list. Regarding timing, Ms. Aylaian foresaw conducting a Study Session in February or March to go over the aforementioned issues, with interviews being conducted in late spring and selections for appointments that could take effect July 1. Councilman Jonathan felt while the idea of moving appointments for Committees and Commissions to a fiscal year basis has merit, he 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 didn't think that decision should be made at this meeting in isolation, because a lot of changes were being considered — both to the selection process and the Committees/Commissions themselves. All of that should be discussed during the Study Session. He noted that interview times had been set on Council calendars, applicants knew it, and most importantly, there were several vacancies. When it arose a couple of months ago, he was advised not to worry, because it would be coming up in a couple of months; now it would be 8-9 months of vacancies. He felt the broader discussion of all aspects of Committees/Commissions in February or March would be appropriate, but for now, City should maintain the status quo - continuing with interview times already on the calendar and applicants anticipating same. Any contemplated change should occur after this cycle. Councilmember Harnik countered that the recommendation was not to change terms to coincide with the fiscal year permanently; it was for doing it this year in order to provide opportunity to have an in-depth discussion about the matter first. She emphasized that it was an important discussion — bylaws, meeting times, engagement— a huge endeavor. She felt strongly that the conversation needs to be a complete one, and if a decision was made to change terms of office to a fiscal year basis, it could be done, which she was inclined to support at this point. Further, there were no Committees/Commissions operating outside of their bylaws with membership or vacancy levels currently, so City Council would be prudent in taking their time and proceeding this way. Mayor Weber respectfully acknowledged that times were already set aside on Councilmembers calendars, but confirmed with Ms. Klassen that no actual interview appointments had been made with applicants yet. Therefore, she commented that since the applicants had not yet been contacted, it would only be Councilmembers who would see their schedules change. Further, while Councilmember Kelly had heard of the intent for this discussion for the last three years, she, herself, had been asking for six years that the process be fully examined in order to implement a proper procedure instead of how it's been done, and now was the time. She also reminded her colleagues that an extensive research project was undertaken a few years ago about the City's Committees/Commissions. This resulted in production of two binders of information providing the history of every Committee and Commission and giving opportunity to review all of that information for background on why an advisory body was created, whether it's still needed, or if it could be combined with another. She reiterated Councilman Jonathan's comment that the decision on changing terms of office to the fiscal year instead of calendar year wasn't being made tonight, but only putting a hold on the process with 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 a Study Session in February/March and deciding what to do in the future instead of trying to rush through it at end of the year. She also was concerned and wanted the time to review the City's application, in addition to many other matters. Mayor Pro Tem Nestande believed that a day could be identified now for a Study Session with any available Councilmembers attending. Otherwise, she felt it was just 'kicking the can down the road,' because February/March was busy for everyone too; there is no good time but now. In response, Ms. Aylaian said it could be done if City Council didn't need the full body present for either the Study Session or the interviews. She confirmed that the difficulty has been finding a concurrent time for all five Councilmembers. While two days are identified to conduct interviews of applicants, the full Council was not available both days, nor was staff able to find such a date in November for the Process Study Session. If Council was comfortable not having all five available to consider and recommend policy, staff could forge ahead. Councilmember Kelly noted that it was obvious City Councilmembers were not of one mind; however, she was inclined to defer to the Mayor's preference and moved to, by Minute Motion, extend the terms of Committee and Commission Members who would complete their terms in December 2019 for six months in order to permit scheduling of Study Sessions and interviews before expiration of the six-month period for the purpose of fully considering possible reforms to the Committee/Commission system that will enhance participation and effectiveness. Motion was seconded by Councilmember Harnik. Councilman Jonathan understood his colleagues' intentions and he hoped there will be a collective decision in the City's best interests. Although, he didn't see any benefit to postponing the selection process for an additional six months. He noted that due to past scheduling issues, interviews have had to be scheduled in January with appointments becoming effective in February, which was perfectly acceptable and preferable to waiting to set new appointments and fill vacancies until July 2020. If conducting interviews in December is too challenging, he felt it much better to schedule them in January and move forward. That being said, he thought the suggestion has merit and should be vetted as part of the broader discussion of all the issues identified here, and that is why he would oppose the motion. In answer to question about setting up Study Session dates as soon as possible in order to secure full Council participation, Ms. Aylaian agreed this would be done. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 Mayor Weber called for the vote on the motion, and it carried 3-2 (AYES: Harnik, Kelly, and Weber; NOES: Jonathan and Nestande). B. City Attorney None C. City Clerk None D. Public Safety 1. Fire Department Battalion Chief Beverlin reported that their large scale exercise on Sunday at the Wesfield Mall was successful. The goals of the drill was to gauge where they stood after having done so much training and preparing for different types of incidents, and they were able to determine a lot of things. The drill went well as they were able to have multiple layers of government from federal and state agencies, local agencies, and private entities participate in the drill. He noted a link was sent to City staff so they could see some of the footage. Lastly, the Department will conduct an after action review on the drill and see where improvements can be made and where they had success. Mayor Weber commented she appreciated the signage outside Westfield doors to warn the public about the drill. 2. Police Department None XII. CONSENT CALENDAR PALM DESERT CITY COUNCIL A. MINUTES of the Regular City Council Meeting of October 10, 2019. Rec: Approve as presented. B. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by California Fish Grill, 73547 Highway 111, Suite G4, Palm Desert. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 Rec: Receive and file. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fairfield Inn & Suites, 74764 Technology Drive, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by French Rotisserie Cafe, 44489 Town Center Way, Suite G, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Monsoon, 72211 Highway 111, Suite 109A, Palm Desert. Rec: Receive and file. F CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of September 11, 2019. 2. Citizens' Sustainability Committee Meeting of July 29, 2019. Rec: Receive and file. G. REQUEST FOR AUTHORIZATION to Declare Vehicles as Surplus and for Disposal as Recommended. Rec: By Minute Motion, declare vehicles listed on the accompanying staff report as surplus and authorize their disposal, as recommended. H. RESOLUTION NO. 2019 - 78 - 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 - Files Dated 1976 - 2016. Rec: Waive further reading and adopt. I. REQUEST FOR AUTHORIZATION to Issue a Call for Entries, Seeking Artists for the 2021/2022 El Paseo Sculpture Exhibition (Contract No. C39520A-Z). Rec: By Minute Motion, authorize staff to issue a Call for Entries, seeking artists for the 2021/2022 El Paseo Sculpture Exhibition. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 J. REQUEST FOR APPROVAL of an Exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for the Sale and Consumption of Alcohol at the Joslyn Center, 73750 Catalina Way - Fiscal Year 2019-2020. Rec: By Minute Motion, approve/authorize: 1) Exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for the sale and consumption of alcohol at the Joslyn Center, 73750 Catalina Way, FY 2019-2020; 2) City Manager to execute any California Department of Alcoholic Beverage Control documents, as required. K. EMERGENCY SERVICES COORDINATOR'S Monthly Report - September 2019. Rec: Receive and file. SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY L. MINUTES of the October 10, 2019, Regular Meeting of the Board of Directors of the Successor Agency to the Palm Desert Redevelopment Agency. Rec: Approve as presented. PALM DESERT HOUSING AUTHORITY M. MINUTES of the Housing Authority Meeting of October 10, 2019. Rec: Approve as presented. N. HOUSING COMMISSION MINUTES for the Meeting of September 4, 2019. Rec: Receive and file. Upon motion by Kelly, second by Harnik, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None), the Consent Calendar was approved as presented. XIII. CONSENT ITEMS HELD OVER None XIV. RESOLUTIONS 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 A. RESOLUTION NO. 2019 - 79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF PARCEL NO. 37611 (Lumar Devco, LLC, Applicant). Mr. Garcia stated this parcel is located on the south west corner on Avenue of the States and Washington Street. This item was heard by the Planning Commission in February 2019. The Final Map is in substantial conformance to the tentative map that was approved at the Planning Commission. Councilman Jonathan said he noticed the Planning Commission approved this over eight months ago, which seem like an inordinate amount of time to go from tentative to final map, questioning if that was normal. Mr. Garcia explained that it depended upon the improvements required, confirming there was no undue delay on the City's front. Councilmember Harnik moved to waive further reading and adopt Resolution No. 2019 - 79. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). B. RESOLUTION NO. 2019 - 80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING APPLICATION FOR, AND RECEIPT OF, SB 2 PLANNING GRANTS PROGRAM FUNDS. Principal Planner Eric Ceja stated he and Senior Management Analyst Jessica Gonzales have been working closely with Planning and Housing now in the same Department. With the many changes that have happen at the State with legislation, there is a new grant available. Under the Senate Bill 2 (SB2) process, there are now planning grants available for all the cities in the State to accelerate the building of housing in their communities. These are noncompetitive grants, and the Housing and Community Development Department has asked that the City Council adopt the Resolution authorizing the submittal of such an application. At this point, staff anticipates using those grant funds to update the City's Housing Element and also find ways to streamline the building of housing in the City of Palm Desert. Councilmember Harnik pointed she and Councilmember Kelly are fortunate today, at an earlier meeting, to hear more about this grant. She liked the idea of applying for the grant and it will be helping in fulfilling the City vision. Councilmember Kelly thanked staff for quickly moving forward on this grant. Councilmember Kelly moved to waive further reading and adopt Resolution No. 2019 - 80. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 XV. ORDINANCES A. For Introduction: 1. ORDINANCE NO. 1351 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF THE PALM DESERT MUNICIPAL CODE, TO ADOPT THE 2019 EDITIONS OF THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, AND RELATED CODES WITH SELECTED APPENDICES AND AMENDMENTS. Mr. Grance explained that the proposed Ordinance is the start of a local process for the adoption of the 2019 Edition of the California Building Codes. The Building Standards Commission has already adopted the 2019 Edition of the Codes; they became effective July 1, 2019. Palm Desert along with other cities and counties in the State must adopt these codes by January 1, 2020. The State of California allows local jurisdiction to make amendments to the California Building Code however they made be justified. They have to be justified by local geological, typographical, or environmental conditions, and these findings must be filed with the Building Standards Commission and the Department of Housing and Community Development before they become effective. He said Palm Desert is proposing a few local amendments, and they are primarily in Chapter 1 of the Administrative sections of various codes dealing with such things as work exempt from permits, fence heights, and fees. There are a few amendments to Chapter 9 of the California Building Code with respect to fire protection and life safety systems. Staff reached out to both the Building Industry Association (BIA) and Desert Valley Builders Association (DVBA), and provided them a copy of the proposed Ordinance. To date, staff has not heard of any opposition. Councilmember Kelly moved to waive further reading and pass Ordinance No. 1351 to second reading at a public hearing during the regular City Council Meeting of November 14, 2019. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 B. For Adoption: 1. ORDINANCE NO. 1350A-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION 25.28.040 - EL PASEO OVERLAY DISTRICT (EPOD) AND SECTION 25.18.040 - DOWNTOWN DISTRICT (DD), ALLOWING PROFESSIONAL OFFICE USES ON THE GROUND FLOOR FRONTING EL PASEO, SUBJECT TO A CONDITIONAL USE PERMIT, AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), Case No. ZOA 19-0002 (City of Palm Desert, Applicant). Mr. Stendell noted this is the second reading of the Ordinance that was passed at the last meeting. He said the revisions requested by the City Council are noted in the yellow highlighted text attached to the Ordinance. Councilmember Harnik moved to waive further reading and adopt Ordinance No. 1350A. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). XVI. NEW BUSINESS A. REQUEST FOR ACCEPTANCE OF THE CITY'S CITIZENS OPTION FOR PUBLIC SAFETY/SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (COPS/SLESF) EXPENDITURE PLAN AND FUNDING FOR FISCAL YEAR 2019-2020. Mr. Aryan explained the City Council is asked to accept the Supplemental Law Enforcement Services Funds, commonly referred to as Cal COPS. They help the Police Department pay for various items such as services, supplies, and equipment. More importantly, they help fund the City's annual Holiday Theft Suppression, a program that amounts to $45,000 to $50,000. He noted the Public Safety Commission also reviewed this item and recommended approval by the City Council. Councilman Jonathan asked for clarification on the fiscal analysis, because the amounts were not adding up. Mr. Aryan explained that Council is accepting the unencumbered balance of $177,141.95 and appropriating $15,000 from Account No. 229. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 Ms. Moore added this was an Expenditure Plan, and there is $177,000 unencumbered. She said Mr. Aryan may actually get more funds that could be brought back to the City Council. Therefore, there is $177,000 from a previous allocation and $100,000 estimated for the next allocation. Councilmember Harnik moved to, by Minute Motion:1) Approve the Citizens Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) program expenditure plan, as provided by the Chief of Police; 2) accept the FY 2019-2020 COPS/SLESF funding, resulting in an unencumbered balance of $177,000 (as of 10/01/2019); 3) appropriate $50,000 from Unobligated Fund 229 to Account No. 2294210-4391400 for this purpose. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). B. REQUEST FOR AUTHORIZATION TO REPLACE MEDIC UNIT NO. 267 WITH THE PURCHASE OF A FRAZER TYPE 1 AMBULANCE AT AN ESTIMATED COST OF $235,000. Mr. Aryan explained this item was part of the Fire Department's budget, which is for a replacement of an ambulance. This ambulance was purchased approximately 10 years ago and was part of a Compressed Natural Gas (CNG) pilot project. Therefore, it has a unique chassis and configuration compared to other ambulances, which makes it unfeasible to redo the medic box and put on a new chassis at a lower cost. He said this new ambulance will need to be a full purchase. The Public Safety Commission reviewed this matter and recommended approval. He noted the cost is already in the budget. Councilmember Kelly moved to, by Minute Motion, approve the replacement of Medic Unit No. 267 with the purchase of a Frazer Type 1 Ambulance at an estimated cost of $235,000 — funds are available in the FY 2019-2020 City Budget (FD 530-Equipment Replacement), and no appropriation is requested. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). C. REQUEST FOR AUTHORIZATION OF THE CITY MANAGER APPROVING AMENDMENTS TO CONTRACT WITH THE ART OFFICE IN AN AMOUNT NOT TO EXCEED $100,000 FOR CONCEPTUAL ART DESIGN ON THE PORTOLA/I-10 OVERPASS (CONTRACT NO. A24660A). Management Analyst Amy Lawrence stated this request is to give the City Manager authorization to approve amendments to an existing contract with Art Office for conceptual art design for the Portola Overpass Project. Additionally, there is a separate request for appropriation of funds from the Unobligated General Fund Reserve to cover the cost of these amendments. Councilman Jonathan stated his question was about the process and how 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 the City entered into a contract with Art Office for $32,500. Ms. Lawrence responded that because this was a specialty, staff was told they could work with this artist for the design on the project. Therefore, there was no having to go out to bid. Councilman Jonathan asked how staff stumbled upon this artist, in other words, how did staff go about selecting the Art Place for Phillip K. Smith. Ms. Aylaian responded that Mr. Smith was selected by virtue of his portfolio. Mr. Smith is a sculpture and artist that has public art around the world and he lives in Palm Desert. Councilman Jonathan said he knew Mr. Smith and his work, adding he was not questioning his resume. He reiterated how did the City come to select Mr. Smith for this project. Ms. Aylaian explained the original dollar amount was under the City Manager's authorization because it was for professional services for art. She said the City is not required to go out for bid according to the Purchasing Ordinance for an amount less than $50,000, and even for a greater amount, because you don't actually bid public art. Therefore, staff looks at the portfolio of expertise and considers who is appropriate upon qualifications. Staff determined Mr. Smith was the best qualified and best suited for this application and prepared a contract for $30,000. The reason for coming before the City Council is twofold. One is to amend the contract for more than $50,000, because it surpasses the City Manager's authority per the Purchasing Ordinance. Secondly, funds were not budgeted, so an appropriation is required by the City Council for unencumbered General Fund monies. The funds may not be reimbursed once the work is actually completed, because the project is funded through Coachella Valley Association of Governments (CVAG) and Caltrans. The City Council is to consider, as a body, if it believes this has enough merit and importance to warrant the expenditure out of the General Fund with the understanding it may not be reimbursed. Councilman Jonathan reiterated his question was not being answered, stating he understood the contract was initially $30,000 and somewhere along the way the City Manager became aware that this individual was available, and the amount was under her purview. However, he questioned how a $32,500 engagement turned into a $100,000 engagement. Ms. Aylaian explained that for the original design amount, Mr. Smith was asked to provide different options for consideration by a subcommittee who is looking at the aesthetic composition of that future overpass. He prepared those exhibits in the fulfillment of his contract, and they inspired the 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 subcommittee to have further conversations regarding concepts, implementation, and how or could they be implemented on either publicly owned or controlled right-of-way versus on private property, including what kind of maintenance would be involved. The conversations turned into getting more details to determine what would be best for this application. The scope of work then exceeded the amount of analysis from what was originally requested in the contract. The City has a choice to do a couple of things, which is to stick with it the way it is or turn it over to Caltrans. She said this won't actually be designed by an artist and its not actually considered art, it's more of an aesthetic treatment. She said you could have engineers do their best to make something work within their budget that looks nicer than what is seen on overpasses on Interstate 10 representing their communities. If the City Council believes this has enough aesthetic impact for the City and/or differentiating Palm Desert from other Valley cities, they could opt to increase the scope of work and retain more work from an artist before it's turned over for construction. Councilman Jonathan stated now that Council is faced with a $100,000 appropriation, he wondered if it would be appropriate to go through a bid or request for proposal process. Councilmember Kelly stated that as a member of the subcommittee, she understood an additional element that led to this contract was the availability of the artist, because unfortunately, despite Councilmember Harnik's promotion of doing something about this interchange for some time, the subcommittee got a late start. The availability of someone with this much experience doing art in connection with public installation seems to be a real blessing. As a participant, she would find it very difficult to contemplate the potential of shifting consultants, because what's happen is that Mr. Smith presented three concepts and displayed his work with considerable, not just artistic input, but knowledge about construction issues, material issues, cost and complications. Once those were fully explored, it became clear that none of the three concepts could move forward, but Mr. Smith is the person who has heard all of the subcommittee's input that could derive a fourth possibility in sufficient time to make it happen. It would be hard for her to contemplate a Request for Proposal process, both because of what Mr. Smith has already invested in working with the subcommittee and the very tight timetable that's involved. Councilman Jonathan asked again if it was appropriate and advisable to do a RFP with a $100,000 contract, whether its desirable or the will of the Council. Ms. Aylaian answered yes, stating it would be appropriate. Whether it was appropriate in this instance was a question for the City Council. The procurement Ordinance is written in such a way that a contract of $100,000, 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 does go through a RFP because it rises to the threshold or merits obtaining proposals. In this instance, staff doesn't have the time to go through a bid process and still accomplish getting a design to the engineers in time to meet their scheduled requirements. Had staff started the process earlier or known the project would be the proposed amount, it's very likely staff would have gone through a RFP process. Mayor Weber offered the City has already paid Mr. Smith $32,500 for a service that has already been provided, and in order to continue, this additional $67,000 request is a whole new ball game. Councilmember Harnik pointed out the City was already in the design process, not of the artist, but of the engineering, Caltrans, County, CVAG, and the other entities involved with this project. In other words, the project was further down the road making it easy to shift and move it's position. In reality, staff is asking for a contract amount not to exceed $100,000, so the City may not reach that amount. The purpose for requesting this amount is to save valuable time in the process by moving forward efficiently in case more funds are needed. Councilmember Kelly moved to, by Minute Motion: 1) Authorize City Manager to approve and sign amendments to subject contract with The Art Office, Palm Desert, California, in an amount not to exceed $100,000 for conceptual art design for the Portola Overpass Project; 2) appropriate $67,500 from the Unobligated General Fund Reserve to Account No. 1104430-4309000 for this purpose. Motion was seconded by Nestande and carried by a 4-1 vote (AYES: Harnik, Kelly, Nestande, and Weber; NOES: Jonathan). Responding to question about if the City had not gone this route how the signage would have been done, Ms. Aylaian replied the City had a number of design concepts that were proposed by the engineers at Caltrans, but they were not reflective of the involvement of an artist. D. REQUEST FOR APPROVAL OF AN AMENDMENT TO RENEW THE CITY MANAGER EMPLOYMENT AGREEMENT WITH LAURI AYLAIAN FOR SERVICES AS THE CITY OF PALM DESERT CITY MANAGER FOR THE TERM OCTOBER 3, 2019, THROUGH MARCH 1, 2023 (CONTRACT NO. C35651). Mr. Hargreaves pointed out that it's been three years since Ms. Aylaian was appointed City Manager for the City of Palm Desert, stating the initial contract was for a term of three years. He said staff has gone through a process of examining the agreement, and the recommendation is to extend the term through another three years plus a few months so it better coordinates with the evaluation process that typically occurs at the end of the year. Also, with respect to salary, Director of Administrative Services Lori Carney conducted a salary survey of comparable cities, which is part of 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2019 the staff report. Based on the findings, the request and recommendation is to increase Ms. Aylaian salary up to $250,000, which places her at the medium scale. The contract provides for an additional three days of Administrative Leave annually, stating it's based on a "Use it or Lose it." Therefore, if she doesn't use the additional days, she couldn't cash it out. Councilman Jonathan said the City was very fortunate to have Ms. Aylaian at the helm leading this fine City, adding Council couldn't ask for more, in terms of professionalism, passion, and ability. He believed the compensation in the package is where Council wants to be as a City, not only for the City Manager position, but for all staff, which is competitive to attract the best and the brightest, but not wasteful. Councilman Jonathan moved to, by Minute Motion, approve an amendment to the subject City Manager Employment Agreement with Lauri Aylaian (Exhibit "A"), for services as the City of Palm Desert City Manager for the term of October 3, 2019, through March 1, 2023. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). XVII. CONTINUED BUSINESS None XVIII. OLD BUSINESS None XIX. PUBLIC HEARINGS None XX. ADJOURNMENT With City Council concurrence, Mayor Weber adjourned the meeting to the recessed Closed Session at 6:00 p.m., City Clerk Rachelle Klassen reconvened the meeting at 6:21 p.m., with no reportable action, and immediately adjourned. SUSAN MARIE WEBER, MAYOR ATTEST: RA E LE D. KLASSEN. W CLERK CITY OF PALM DESERT, CALIFORNIA 28