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HomeMy WebLinkAboutPrelim Minutes - CC 07/09/2020PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 9, 2020 CITY OF PALM DESERT, CALIFORNIA (VIRTUAL MEETING) I. CALL TO ORDER - 3:00 P.M. Mayor Nestande convened the meeting at 3:04 p.m. 11. ROLL CALL All Councilmembers and those listed as present participated via teleconference. Present: Councilmember Jan C. Harnik Councilman Sabby Jonathan Mayor Pro Tern Kathleen Kelly Councilmember Susan Marie Weber Mayor Gina Nestande Also Present: Lauri Aylaian, City Manager Robert W. Hargreaves, City Attorney Andy Firestine, Assistant City Manager Grace L. Rocha, Acting 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 M. Gloria Sanchez, Acting Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Parkview, 73710 Fred Waring Drive, Suite 104 Agency Negotiator: Lauri Aylaian/Janet Moore/City of Palm Desert Other Party Negotiator: Kristal Granados, United Way of the Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9 d 2 : Number of potential cases: 2 C. Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager With City Council concurrence, Mayor Nestande adjourned the meeting to Closed Session of the City Council at 3:08 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Hargreaves reported there were two items approved in Closed Session. Under the City Council agenda Item IV -A, the City Council authorized renegotiations of the terms of the lease with United Way of the Desert. The other item is under the Successor Agency agenda Item III -A, where the Authority Board authorized a six-month Exclusive Negotiating Agreement with GHA Companies subject to certain conditions. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Gina Nestande VII. INVOCATION/INSPIRATION - Councilman Sabby Jonathan 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 VIII. AWARDS AND PRESENTATIONS A. PRESENTATION OF QUARTERLY REPORT FROM ROLF HOEHN, CITY OF PALM DESERT APPOINTED REPRESENTATIVE TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION. Mayor Nestande noted Mr. Rolf Hoehn's report as a receive and file. Mayor Pro Tern moved to, by Minute Motion, receive and file the Quarterly Report. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). Councilman Jonathan sends his thanks and gratitude to Mr. Hoehn for submitting the report. Councilmember Harnik concurred. IX. ORAL COMMUNICATIONS - B MR. BRAD ANDERSON, Rancho Mirage, thanked the City Council for making it possible for the public to participate virtually. However, when calling in he had to call into San Jose to speak at this local meeting, adding that maybe a 1-800 number could be provided. Secondly, the Coachella Valley Mosquito and Vector Control District will continue and/or start-up insecticide spray treatments over wide areas, which includes the Cove in La Quinta, Indian Wells, and Palm Desert. A week ago the Vector Control District sent out a press release, after two weeks of not providing any services, saying everything was fine. Yet, now they are doing a broad -range spraying. He claimed the District is not being truthful on the extent of the number of mosquitoes and the disease they vector. This third Tuesday of the month, July 21, they will conduct a board meeting at 6:00 p.m. at their Indio Office, where they will attempt and probably succeed, in raising property taxes. He noted the District has about 66 employees and about 30 of them make more than $100,000 a year; a grossly overpaid district already. X. CONSENT CALENDAR PALM DESERT CITY COUNCIL A. MINUTES of the Regular City Council Meeting of June 25, 2020. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 6/5/2020, 6/8/2020, and 6/15/2020 Rec: Approve as presented. 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 6/12/2020 and 6/26/2020 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. PARKS AND RECREATION COMMISSION MINUTES. forthe Meeting of March 3, 2020. Rec: Receive and file. E. REQUEST FOR APPROVAL of Human Resources and Risk Management Vendors List for Authorized Vendors and Service Providers in Fiscal Year 2020- 2021. Rec: By Minute Motion: 1) Approve an exception to purchasing requirements as provided by Section 3.30.160 (K) of the Palm Desert Municipal Code for Fiscal Year 2020-2021; 2) approve and authorize staff to use vendors on the Human Resources and Risk Management Authorized Vendors and Service Providers List for Fiscal Year 2020-2021. F. REQUEST FOR APPROVAL of a Public Safety Vendors List for Equipment Repairs, Equipment Purchases, and Specialty Services Utilized by the Palm Desert Police and Fire Department in Fiscal Year 2020-2021. Rec: By Minute Motion: 1) Approve and authorize staff to use vendors on the Palm Desert Public Safety Vendors List appended to the staff report; 2) approve an exception to purchasing requirements as provided by Section 3.30.160(C)(D)(H) of the Palm Desert Municipal Code for Fiscal Year 2020-2021. G. REQUEST FOR APPROVAL to Streamline the Use of Vendors for the Desert Willow Golf Resort by Granting Exception to the Bidding Requirements and Approving the Operating Expense Vendors List for Fiscal Year 2020-2021. Rec: By Minute Motion: 1) Grant an exception to the bidding requirements, as provided for by Section 3.30.160 (K) of the Palm Desert Municipal Code, not to exceed $50,000 for any one vendor during Fiscal Year 2020-2021; 2) approve the Desert Willow Golf Resort's Operating Expense Vendors List. 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 H. REQUEST FOR AUTHORIZATION to Apply and Accept from the California Governor's Office of Emergency Services, Upon Grant Award, the 2020 Emergency Management Performance Grant (EMPG) in the Amount of $14,363. Rec: By Minute Motion: 1) Upon notification of the grant award, accept the Fiscal Year 2020 Emergency Management Performance Grant (EMPG), through the California Governor's Office of Emergency Services (OES), in the amount of $14,363; 2) authorize the City Manager to execute the 2020 EMPG application and all subsequent grant documentation. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C38340 with Pacific Tennis Courts, Inc., for the Freedom Pickleball Court Improvements Project (Project No. 713-17) (Pacific Tennis Courts, Inc., CA, Applicant). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for subject contract. J. REQUEST FOR APPROVAL to Extend Contract No. C38440 with GDG, Inc., to provide El Paseo Courtesy Cart Services for Fiscal Year 2020-2021 (Contract No. C38441). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. K. REQUEST FOR APPROVAL to Extend Contract No. C37060 with FG Creative, Inc., to Provide Advertising Services for the El Paseo Parking & Business Improvement District, and Consent to the Assignment of the Contract from FG Creative, Inc., to CV Strategies (Contract No. C37062). Rec: By Minute Motion: 1) Approve Extension to subject contract with FG Creative, Inc., to provide advertising services for the El Paseo Parking & Business Improvement District; 2) consent to the assignment of the contract from FG Creative, Inc., to CV Strategies; 3) authorize the City Attorney to formulate an extension and assignment acceptance to the contract; 4) authorize the Mayor to execute the extension on behalf of the City - funds are available in Account No. 2714491-4321500. 61 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 L. REQUEST FOR APPROVAL to Extend Contract No. A39220 with FG Creative, Inc., to Provide Advertising Services for the Palm Desert Aquatic Center, and Consent to the Assignment of the Contract from FG Creative to CV Strategies (Contract No. A39221) Rec: By Minute Motion: 1) Approve a one-year extension of subject contract with FG Creative, Inc., to provide advertising services for the Palm Desert Aquatic Center; 2) consent to the assignment of the contract from FG Creative, Inc., to CV Strategies; 3) authorize the City Attorney to formulate an extension and assignment acceptance to the contract; 4) authorize the Mayor to execute on behalf of the City - funds are available in Aquatic Center Account No. 242549-4309000 and Advertising Production Account No. 1104417-4321900. M. REQUEST FOR AUTHORIZATION, of the City Manager to Award Contract No. C40180 for the Desert Willow Golf Resort (DWGR) Clubhouse and Academy Carpet Replacement Project to the Lowest Responsible Bidder in an Amount Not To Exceed $90,000 (Project No. 856-20) (Contract No. C40180). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Coucnil discussion and action. N. REQUEST FOR AUTHORIZATION to Purchase Golf Course Irrigation Supplies from High Tech Irrigation, Inc., for the Desert Willow Golf Resort During Fiscal Year 2020-2021, in an Amount Not To Exceed $80,000. Rec: By Minute Motion: 1) Grant an exception to the bidding requirements, as provided for by Section 3.30.160(J) of the Palm Desert Municipal Code; 2) authorize the purchase of Rain Bird golf course irrigation supplies from High Tech Irrigation, Inc., Indio, California, during Fiscal Year2020-2021, in an amount not to exceed $80,000 - contingent upon approval of the City's Annual 2020-2021 Budget, funds will be available in Course and Grounds Expenses, Account No. 5204195-4803100. SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY O. MINUTES of the June 25, 2020, Regular Meeting of the Board of Directors of the Successor Agency to the Palm Desert Redevelopment Agency. Rec: Approve as presented. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 P. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY - Warrants Dated 06/12/2020 (Qty 2), 06/19/2020, 06/26/2020, Rec: Approve as presented. PALM DESERT HOUSING AUTHORITY Q. MINUTES of the Housing Authority Meeting of June 25, 2020. Rec: Approve as presented. R. CLAIMSAND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 6/12/2020 and 6/26/2020 (Joint Consideration with the Palm Desert City Council). Rec: Approve as presented. Councilman Jonathan requested Item J be removed for separate consideration and Mayor Pro Tern Kelly requested same for Item M. Upon motion by Harnik, second by Nestande, and 5-0 vote of the City Council, (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None), the remainder of Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER J. REQUEST FOR APPROVAL to Extend Contract No. C38440 with GDG, Inc., to provide El Paseo Courtesy Cart Services for Fiscal Year 2020- 2021 (Contract No. C38441). Councilman Jonathan stated there were some good strides made in relation to technology and mobilizing people, but there is still progress to be made. He noted the app lets people know where the courtesy cart is on its route, but it does not allow people to communicate. He shared he has seen similar arrangements where it is more like an Uber-type app where a user can request a pickup. He was in favor of moving forward with the app but also attempt to add similar features he just mentioned. Business Advocate Deborah Glickman responded the current app is a partnership with Sunline Transit Agency and there may be more options available. Councilman Jonathan suggested that the exploration include other app makers in addition to Sunline. He reiterated he has seen an app implemented in other areas and staff should explore the feasibility and the cost of a similar one that includes two-way communication between the cart operator and the passenger 7 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 Councilmember Harnik recalled discussions at the El Paseo Business Improvement District (EPBID) meeting about the options to request a pickup at a certain location. Ms. Glickman clarified the discussion was relative to the number of downloads of the current app, and the EPBID has always been interested in expanding the program so she will look into available options and costs. Councilman Jonathan moved to, by Minute Motion: 1) Approve Extension No. 1 to subject contract with GDG, Inc., in an amount not to exceed $118,000, including regularly scheduled special events, flex hours, and vehicle maintenance/repairs for the operation of the El Paseo Courtesy Cart Program during Fiscal Year 2020-2021; 2) authorize the Mayor to execute said contract and allow the City Attorney to make non -substantive changes; 3) approve an expenditure of up to $21,000 for Commercial Automobile Liability Insurance for the three (3) Courtesy Carts - funds have been requested in the Fiscal Year 2020-2021 budget in Account Number 1104416-4368100, Courtesy Carts. Motion was seconded by Harnik with direction to staff to explore further development of the existing app or others for essentially a two-way communication, and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). M. REQUEST FOR AUTHORIZATION of the City Manager to Award Contract No. C40180 for the Desert Willow Golf Resort (DWGR) Clubhouse and Academy Carpet Replacement Project to the Lowest Responsible Bidder in an Amount Not To Exceed $90,000 (Project No. 856-20) (Contract No. C40180). Facilities Supervisor Jeremy Frey reported three contractors participated in the mandatory pre -bid meeting. One of the contractors submitted a bid which was approximately $15,000 less than the $90,000 estimate. The intent is to have the project completed by mid- to late -summer before the season picks up. Mayor Pro Tern Kelly moved to, by Minute Motion: 1) Authorize the City Manager to award subject contract for the Desert Willow Golf Resort Clubhouse and Academy Carpet Replacement Project; 2) authorize Director of Finance to set aside a 10 percent contingency in the amount of $9,000; 3) authorize the City Manager or designee to review and approve written requests for the use of contingency change orders for unanticipated conditions; 4) authorize the City Manager to execute the Agreement - funds will be available in Account No. 4414195-4809200, Desert Willow Golf Resort Capital Account (DWGR). Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). 0 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 XII. RESOLUTIONS None NOTE: MAYOR NESTANDE WENT OUT OF ORDER TO TAKE UP SECTION XVI - PUBLIC HEARING ITEM A. XIII. NEW BUSINESS A. INFORMATIONAL REPORT ON PRESENTATION BYTHE FIRE MARSHAL ON THE CITY'S NOTIFICATION OF INTENT TO POSSIBLY ELIMINATE ADDITIONAL FIRE MARSHAL SERVICES PROVIDED UNDER EXHIBIT "D" OF THE CURRENT COOPERATIVE AGREEMENT (CONTRACT NO. C37050). Ms. Carney recalled for the City Council that part of the budget process for Fiscal Year 2020-2021, Council authorized the cessation of extra services from the Fire Marshal's office and asked staff to provide the County with the required 120 day notice to that effect. In response, the Fire Marshal asked to make a presentation to the City Council, which was also given to the Public Safety Commission at its regular meeting the day prior. Following the presentation, the Commission recommended the City Council not reduce any services while exploring other avenues for funding. The item is not on the agenda for action; however, if the City Council wants to reconsider its prior action, staff can study the issue further and return with any new information. Councilman Jonathan noted this item has already been reviewed and the budget has already been approved, so he didn't understand how or why this is on the agenda again and why Council is being asked to spend additional time on it. Ms. Carney responded the Fire Marshal had requested to give this presentation and City staff is not requesting any action other than receive and file the presentation. Councilman Jonathan said he did not like the precedent of revisiting something because someone perhaps disagreed with the decision. He preferred that any additional information be emailed to the Council, and at that point, if a Councilmember wishes to bring it up for consideration it could be done at that time. Further, revisiting the matter at this point is not fruitful or appropriate. Mayor Pro Tern Kelly stated she understood that while the Council voted to give the required notice, the ultimate decision to eliminate the Fire Marshal's position at City Hall would be confirmed at a later point in time. She thought E PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 there would be an opportunity to revisit the issue prior to the actual implementation to take account of evolving circumstances. Ms. Carney responded that when staff was preparing the budget, the Fire Marshal Services was one of the first discussions relative to how the City would be conducting business for the coming year. There were several budgetary adjustments made to the Police department, where a squad vehicle was funded for Fire Station No. 71, and the additional services with the Fire Marshal were not funded and services would instead be provided through the County office on the north side of Interstate 10. However, even at this stage Council could still direct staff to revisit the issue due to changes in circumstances. Councilman Jonathan pointed out that the approved budget does not contain the Fire Marshal additional services as an approved expenditure, and if Council were to reverse course now, it would require budget discussions be reopened to determine the impact and any offsetting reductions to be undertaken. Mayor Pro Tern Kelly responded she fully appreciated the concern raised by Councilman Jonathan as Council cannot be efficient if it goes back and revisits each issue previously discussed. However, she was curious as to what the Fire Marshal wished to share, and it struck her as a rare request for one of the City's agencies to provide Council with information. She indicated a desire to find a path forward allowing the Council to hear that information. Councilman Jonathan shared he believed the path forward was for the Fire Marshal to submit a report, e-mail or letter explaining to Council what the concerns are and take it under advisement. If, after reading the report, a Councilmember wishes to bring it up for discussion, it could be placed on the agenda at that time. He cautioned against setting a precedent to allow agencies to come back and request reconsideration if the Fire Marshal's office were to receive that privilege. Councilmember Weber agreed with Councilman Jonathan, stating that at the most recent Public Safety Commission meeting, members spent quite a bit of time with no written report provided, which was aggravating, because the information given was extensive and detailed. Spending so much time without anything in writing was, in her opinion, a waste of time. She suggested that if Council was able to get the Fire Marshal's report in writing, it could be brought up and revisited at a later date. She noted one of the things pointed out by the Fire Marshal at the Public Safety Commission meeting was that the City had not anticipated recovering funds for building permits but it was taking place. She reiterated information should be in written form and not provided "on the fly." W PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 Mayor Pro Tern Kelly clarified that Council was requesting the Fire Marshal to supply a written report to Councilmembers with the content of this presentation. Councilman Jonathan explained that it was not a request; rather, Council was providing the opportunity to the Fire Marshal to supply a written report if so inclined. Councilman Jonathan moved to, by Minute Motion, receive and file informational report, providing the Fire Marshal an opportunity to submit a written report to the City Council with the content of their presentation. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). B. REQUEST FOR DIRECTION ON THE CITY'S OFFICIAL RESPONSE REGARDING EVENT REQUESTS FOR 2020. Senior Management Analyst Vanessa Mager shared Governor Newsom's Executive Order No. N3320 prohibits all public or private gatherings regardless of venue or size until California reaches Stage 4 of the California Resilience Roadmap. With the fall season approaching the Desert Recreation District and Palm Desert Aquatic Center have received numerous special event requests from September through December 2020. Each of these events require planning and resources on behalf of the organizers', staff as well as City contractors. Currently, event organizers are seeking the City's position on whether to move forward on events as scheduled or if a modified event should be their focus. To help inform the City's position, staff reached out to Riverside County Public Health Officer Dr. Kaiser to seek professional perspective on the likelihood of being able to hold events this fall. Dr. Kaiser indicated the County will not move into Stage 4 until a vaccine or acceptable is in place, which is not anticipated before the end of the year. Further, Dr. Kaiser's recommendation is to cancel or postpone all events that are not drive-in or drive -through events as those are the only types of events approved for the County. Mayor Nestande shared she had a discussion with one race organizer, and they indicated their organization would not be in as great a financial position if the event were to not take place. She felt it was appropriate to let the event directors know of the County's comments. Councilmember Harnik suggested that for planning purposes, events involving large groups of people would not be held through the end of 2020. Mayor Pro Tern Kelly and Mayor Nestande concurred. 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 Councilman Jonathan agreed with his colleagues and also recommended staff to review the situation in November as it may be necessary to do the same thing for the start of the following year depending on the status of the pandemic at that time. He noted the more lead time the City can give its event planners or organizers the better for everyone. Ms. Mager responded staff would be monitoring the situation and also would work with the organizers to determine if there is an avenue to host a virtual event and/or brainstorm to re -imagine events to meet County guidelines. Councilmember Harnik moved to, by Minute Motion, authorized staff to not issue any permits for large gatherings through December 31, 2020, and for this issue to be monitored and revisited in November 2020. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). C. REQUEST FOR AWARD OF CONTRACT TO GRANITE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE CV LINK PROJECT IN THE AMOUNT OF $5,581,855 (PROJECT NO. 707-20)(CONTRACT NO. C38840D). Councilmember Weber informed the City Council that her residence is within close proximity to a portion of this project. She recused herself and left the virtual meeting. Project Manager Randy Bowman noted this request was for award of the construction contract for the City's segment of the CV Link project and noted Tom Kirk and Martin Magana of Coachella Valley Association of Governments (CVAG) were also available to answer any questions Council may have. He shared a map which was part of the submitted staff report and indicated the purple segment illustrates the limits of the construction project being considered, noting it begins at the Bump n' Grind trailhead, follows Painter's Path, crosses Highway 111 and becomes Parkview Drive at Monterey heading north, then east at Magnesia Falls Drive ending at the wash. He further described various other markings and outlines as they related to the map provided. He indicated the City advertised the project in late March and provided ample time for potential bidders to examine plans, submit questions and have staff respond. Bids were opened in mid -May and one bid was received from Granite Construction Company. He said staff reached out to other potential bidders who obtained the plans from the website to determine why a bid was not submitted, and those comments were included in the staff report. He went on to say that throughout the process, the City has worked closely with CVAG on this project, and they also reviewed the contractor's bid and concur with staff's recommendation. He noted there would be manholes and water valves that need adjustment 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 along the roadway. The City has a standing agreement for projects that involve equipment owned by Coachella Valley Water District (CVWD) where the City will bid those out as bid alternates. CVWD will evaluate the bid amount and determine if the City or CVWD contractors will perform the work. Finally, he noted a 15% contingency was included in the request for unexpected situations that may arise as well as a recommendation that the City Manager be authorized to approve change orders up to the amount of $50,000 each up to a total of $500,000. Councilman Jonathan asked whythe Hovley connector was being performed as a separate project Mr. Bowman explained there are various undertakings to be performed with that portion of the project. Phase 2 is described as the green line on the map that was shared on the screen, and Mr. Bowman noted the project before Council was just for the purple line. Councilman Jonathan asked why the portion of the project highlighted with a yellow line running along the wash behind Palm Desert High School is being done separately. Mr. Bowman responded CVAG would construct that portion of the project. MR. TOM KIRK, Executive Director of CVAG, offered that the portion of the project along the wash is similar to the rest of CV Link. CVAG believes the contractor building the La Quinta, Indio and Coachella portions along the Whitewater River should also build the Palm Desert portion because of the similarity. He indicated there is only one contractor at this time, Granite Construction, who could likely perform the entire project. Councilman Jonathan asked if Palm Desert would be left with only a partially completed CV Link or will the yellow line be built concurrently with the purple line or immediately thereafter. MR. KIRK responded it would be built around the same time. The yellow line is out for advertisement by CVAG, and bids are expected within the next three weeks. This is the second opportunity for the CVAG Executive Committee to look at awarding a contract for the yellow lined section as well as other portions. Mr. Bowman indicated a Notice to Proceed for the purple -lined project is expected to be issued within four to six weeks, putting the start date at mid to late August, and the project has a 240 day calendar; completion is expected in mid -April. 13 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 MR. KIRK indicated the start date for the purple line is about four to six weeks after the yellow line, and the duration is approximately one year. Mr. Bowman shared the completion date for San Pablo Phase 2 is June 2021. He agreed with Councilman Jonathan's summarization that in less than a year San Pablo would be completed, and CV Link completed with regard to the yellow and purple lines. He noted CVAG, CVW D, College of the Desert and the City have all collaborated to see these projects are completed. Councilmember Harnik asked how payment for the yellow and purple lines was allocated between CVAG and the City. Mr. Bowman explained CVAG would be paying for all three portions of CV Link, referred to as the yellow, purple and green lines. He reminded the City Council that the City would be bidding and managing the construction of the green and the purple lines for CVAG, and these projects are 100% reimbursed to the City by CVAG. Mayor Pro Tern Kelly noted the reason the City has proceeded with the project in this manner is because the City would have the advantage of directing what happens on Palm Desert streets and the arrangement of overseeing the contract on the purple line assures the capacity to coordinate the project. Mayor Pro Tern Kelly moved to, by Minute Motion: 1) Award subject contract in the amount of $5,581,855 to Granite Construction Company, Indio, California, for the construction of the CV Link Project (Project No. 707-20); 2) authorize Director of Finance to set aside a 15 percent contingency in the amount of $837,278; 3) authorize the City Manager or designee to review and approve written change order requests for amounts up to $50,000 each and a cumulative maximum amount of $500,000 for the use of contingency for unanticipated conditions, per Section 3.30.170 of the Palm Desert Municipal Code; 4) authorize the Mayor to execute the agreement - funds have been appropriated in Account No. 2314670-5000202, New Construction Tax Account. Motion was seconded by Harnik and carried by a 4-0 vote (AYES: Harnik, Jonathan, Kelly, and Nestande; NOES: None; ABSENT: Weber) XIV. CONTINUED BUSINESS None XV. OLD BUSINESS None PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 XVI. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF ACTIONS RELATED TO DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING; ORDER THE FORMATION (RE-ESTABLISHMENT) AND THE LEVYAND COLLECTION OF ASSESSMENTS; APPROVE AND ADOPT THE MANAGEMENT DISTRICT PLAN AND ENGINEER'S REPORT; AND APPOINT AN OWNER'S ASSOCIATION, FOR THE PRESIDENT'S PLAZA PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2020- 2021. Deputy City Treasurer Thomas Metz indicated the purpose for the public hearing is to receive testimony and tally the votes that have been cast in the balloting for Presidents Plaza Property Business Improvement District No. 1. Staff is seeking to reestablish Presidents Plaza 1 for a two-year term. After this term the assessment structure would need to be reevaluated after the parking lot is paved. Mayor Nestande declared the public hearing open and invited public testimony. With no testimony being offered, she declared the public hearing closed. Mayor Nestande indicated City Clerk staff and representatives from Willdan would tabulate the ballots and upon completion, a report of the result will be provided. Upon receiving the results, Ms. Rocha reported the total ballots cast was $133,356.24. Yes votes totaled $77,321.03, or 58% of the ballots cast. No votes totaled $56,035.21, or 42% of the ballots cast. Councilman Jonathan noted the "No" vote was fairly significant and asked if staff had any insight into the results.. Councilmember Harnik suggested asking those who voted no what their thinking was, noting it would be good to have some insight as to why they may have voted against this. Mr. Hargreaves added for the record that the results indicated it was not a majority protest vote. Mr. Stendell shared his observation in working on the parking lot over a number of years in various capacities is there are some property owners that remain dissatisfied with the level of service and they conflate who actually owns the parking lot. He indicated this has a lot to do with the present condition of the asphalt, and a large portion of 15 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 the dissension likely surrounds this particular concern. He noted staff has done some post -ballot surveying in the past and suggested it also could be conducted in this case. He said the parking lot is perceived as being a City parking lot. Councilman Jonathan stated the expectation after the City invests in the parking lot is the owners would take it to the Business Improvement District to properly maintain and fund long-term replacement issues. He asked if that was a realistic expectation given the level of dissent. Mr. Stendell responded with the right effort and resources it is reasonable to expect and it would be important to send this message until the next ballot opportunity. It may be challenging and expert guidance should be sought as to how that may be accomplished. It is possible to use other strategies other than just going door to door to attempt to engage those property owners. Councilmember Harnik stressed the importance of ensuring the property owners understand the entire environment and suggested obtaining feedback from those owners as to why they did not want to support it and what it would take for them to be more engaged and how to help them understand that the City wants to make it a better environment for them and those who visit. Councilmember Weber referenced Mr. Stendell's suggestion about going door to door, pointing out the person on site at a business is not necessarily the property owner. Mr. Stendell added there is often a few layers to get through such as store manager or business owner before reaching the property owner. Mayor Pro Tern Kelly stated Council would like to see some staff engagement with the owners, and she did not feel a written comment was going to achieve the results they were looking for, which is more owner engagement. Mr. Garcia shared there was significant outreach to the owners during the design phase and the bid modifications and increased costs were addressed. It was one of the things the owners discussed at length. They understand it is part of the project, and there is the expectation that costs would increase as improvements are built, and they are satisfied with those improvements. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 Councilmember Harnik stated more time should be taken to address how the City will appropriately and clearly communicate the message to the owners so there is a positive and productive outcome. Councilman Jonathan noted the reason the parking lot fell into disrepair was because historically the owners were not willing to fund the appropriate level of maintenance. He was concerned if this was not addressed effectively, the same thing would happen again and stated he would like to get the official buy -in of the owners prior to beginning construction. Mayor Pro Tern Kelly felt this was another instance where Council should not reopen a decision they had already made. She said Council should look to staff to make some suggestions as to the most effective way to accomplish the engagement. Ms. Rocha relayed additional information shared by Willdan representatives following the ballot count. They indicated that those who voted "no" only reflected seven property owners while the "yes" votes represented 17 property owners. This indicated that while the dollar values reflect a closer margin, the actual number of owners casting a vote was a much larger margin. Mayor Pro Tern Kelly moved to: 1) Waive further reading and adopt Resolution No. 2020 - 63, declaring the results of a property owner protest proceeding of the President's Plaza Property and Business Improvement District (PBID) and approving certain related actions for Fiscal Year 2020-2021; 2) Waive further reading and adopt Resolution No. 2020 - 64, ordering the formation (re- establishment) of the President's Plaza Property and Business Improvement District and the Levy and Collection of Assessments for that District, for Fiscal Year 2020- 2021; 3) Waive further reading and adopt Resolution No. 2020 - 65, approving and adopting the Management Plan and Engineer's Report for the President's Plaza Property and Business Improvement District for Fiscal Year 2020-2021, and appointing an owner's association; 5) By Minute Motion, direct staff to begin the process of reforming the PBID No. 1 for Fiscal Year 2022-2023 consistent with the final construction drawings to ensure successful transition to include long-term maintenance and capital funding, with direction to staff to pursue engagement with owners as is most feasible over the next few months. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). For the purpose of clarification, the ballot results are as follows: Total Ballots Cast $133,356.24; Total YES Votes totaled $77,321.03 (58%); Total NO Votes totaled $56,035.21 (42%). 17 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 B. REQUEST FOR APPROVAL OF THE MANAGEMENT DISTRICT PLAN AND ORDERTHE LEVYAND COLLECTION OF ANNUAL ASSESSMENTS WITHIN, THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2020-2021. Deputy City Treasurer Thomas Metz noted the staff report and offered to answer questions.. Mayor Nestande declared the public hearing open and invited public testimony. With no comments being offered, Mayor Nestande declared the public hearing closed. Mayor Pro Tern Kelly moved to: 1) Waive further reading and adopt Resolution No. 2020 - 66, approving the Management District Plan for the President's Plaza III Property and Business Improvement District for Fiscal Year 2020-2021; 2) Waive further reading and adopt Resolution No. 2020 - 67, ordering the levy and collection of annual assessments within President's Plaza III Property and Business Improvement District for Fiscal Year 2020-2021. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). XVII. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY A. Councilmember Jan C. Harnik Committee Reports and General Comments. 1. State Route 60 Truck Lane Proiect- reported construction has been ongoing for more than a year now, but the progress is tremendous. 2. 2020 Nine Cities Blood Drive Challenge - announced she will be at the blood drive on Saturday, July 11, 2020, at the Palm Desert Community Center. She invited everyone to take part. B. Councilman Sabbv Jonathan Committee Reports and General Comments. Prioritv One Coachella Vallev (P1 CV) - reported he and Councilmember Harnik represent the City on the Board. He said this is a formal entity that seeks to improve the likelihood of Cal State University - Palm Desert campus being named as the next stand-alone independent campus. The Board has met several times and engaged a consulting firm in Sacramento, in addition to the City's funding of $150,000. The organization has iv PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 received a pledge from Convention and Visitors Bureau (CVB) in the amount of $30,000. The report from the State's consultants has finally come out, and it can be found at www.csu.car)acitvstudv.orq. He explained that the consultants were previously engaged with community members and stakeholders to develop useful information for the state assembly and the governor's consideration. The good news is that Palm Desert scored very high on a number of their matrixes, particularly on the need, readiness, and certain other measures. The one area where Palm Desert scored low is transportation. Part of the intention is to work with SunLine to resolve this issue and make a better case. He added that collectively, the Board has developed an action plan, and he believes they are headed in a very positive direction. Councilmember Harnik added that Coachella Valley Economic Partnership took a great part in telling Palm Desert's story on its behalf. The Board is working hard and doing everything possible to get the education that the region needs. Mayor Pro Tern Kelly said there was more good news, because the Route and Service Redesign, which Sunline is about to implement will solve a lot of the problems by using the Cook Street Corridor as the focal point for micro transit in which transportation would be available on demand to get students to and from the major trunk routes they need to take to get to Cook Street from the east valley. If Priority One Coachella Valley is hooked up with the right people at SunLine, perhaps information can be supplied which substantially addresses the Boards concerns. She extended her gratitude to Councilmembers Harnik and Jonathan, and staff for their work and advocacy related to the study, because there was the feeling like Vegas wasn't betting on Palm Desert, because other locations had excellent connections. Therefore, it's gratifying to see all the work put in was heard by the consultants and the story was told about how important this campus is to raise up people and strengthen and diversify the economy of the whole Coachella Valley. Councilmember Weber concurred, stating it's very important to have a Palm Desert campus. C. Mavor Pro Tern Kathleen Kellv Committee Reports and General Comments. None 19 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 D. Councilmember Susan Marie Weber Committee Reports and General comments. 1. Committee/Commission Zoom Meetinas - she is grateful forthe Zoom invention as she attended the Art In Public Places (AIPP) and Public Safety Commission. She said it allows members to gather, and she is able to thank them for taking time to meet during this stressful time. She added that members express they are proud to be part of the City and really want to be participating in Council's decisions going forward. The Public Safety Commission spent a lot of time listening to the Fire Marshal, and the AIPP discussed the art that will be installed on San Pablo and El Paseo. 2. 100th Anniversary of the Ratification of the 191h Amendment of Women's Suffraae (Auaust 7) - she said there are a lot of PBS (Public Broadcasting Service) shows explaining what went on and what women went through to be able to get to vote. She is grateful to the women from 100 years ago that made it possible for women to vote. E Mavor Gina Nestande Committee Reports and General Comments. None F. City Council Reauests for Action. Prioritv One Coachella Vallev(P1 CV) - Councilman Sabby Jonathan stated the City Council on March 12, 2020, authorized a transfer of $100,000 to fund/seed P1 CV, which hasn't happened and their Board is getting billed. As the Board was being developed, concerns were raised, which they have largely resolved. They have gone from a five -member board to a seven -member board and formed a finance committee. He requested that by August 15, staff resolve the remaining concerns, and issue the check. He added the organization has no employees, and the financing issues have been resolved by their finance committee with regard to the signatures, etc. There is a recommendation by legal counsel that the City enters into a funding agreement between the City and P1 CV, which will require approval by the City Council, however, he didn't think it was necessary. He would like to waive that requirement so that it can have P1 CV meet, approve the bylaws, and enable 20 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 the City to cut the check. At this point, there was subsequent funding in the amount of $50,000, so the total is $150,000. Mr. Hargreaves explained that when the Corporation was set up, it was to be controlled by the City Council, but the issue has to come back to amend the bylaws to get the City out of the control, which will require City Council action. He said Council can wait until August 27, or it can hold a special meeting to take action with respect to the bylaws to keep things moving forward in the interim. Responding to question, he said typically when a City grants funds to an entity it doesn't control, there is an agreement backing it up that specifies the parameters for the use of the funds and the expectations. He strongly recommends adding this type of agreement in this case, but it's not an absolute requirement. He understood arrangements are being made to pay the consultant, but their work is not being jeopardized by the payment issue at this point. Councilman Jonathan said he believed it was. Initially, when they were forming the entity, they followed the advice from legal counsel as it formed the organization and board, and did everything theywere directed to do, with the understanding that it would work. However, they were later redirected by legal counsel, which is why four months later they are still unfunded. He noted he was putting on his CPA hat on now, stating it was important to establish an audit trail, which meant that P1 CV is the one that should pay all of the bills and not have the City pay its bill. His request is that legal counsel along with staff simply figures out how to do it, and cut the check. Mr. Hargreaves believed that payment to the consultant was in the process, in that CVB is going to cut their part of the funding so that the consultant can get paid. Councilman Jonathan said P1 CV did not authorize it, in fact, the Board specifically requested that CVB make their contribution to P1 CV. He didn't know who spoke to CVB about this, but it was inappropriate. He reiterated that his request was simple, in that legal counsel has to figure it out and transfer $150,000 to P1 CV and the entity will collect the $30,000 from CVB and let the organization do what it was designed to do, which is to pay its bills and conduct its business. Mr. Hargreaves recommended holding a special meeting to approve the bylaw amendment. It was his understanding that a contact with staff was made that CVB was ready to cut their 21 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 check to P1 CV, so that it can pay the consultant. Responding to question as to which staff member was contacted, he said it was Mr. Olson. Mayor Pro Tern Kelly said Councilman Jonathan's request is clear, and it appears work needs to be done in response to it. Councilman Jonathan said that four months ago the City Council directed staff to fund this entity with $100,000, and subsequently, with an additional $50,000. His request is forthe City to honor that direction and make the payment by August 15. If there are legal or other issues still remaining, part of that request is for legal counsel to find solutions and not obstacles to get it done. Mr. Hargreaves suggested a special meeting in order to move this forward. Councilman Jonathan reluctantly agreed to hold a special meeting with this one item only. He didn't think Council had to get into a funding agreement, because the only issue is for the City Council to approve the amended bylaws that expanded the Board from five to seven. 2. Update on the Economic Ad Hoc Committee - Mayor Gina Nestande requested an update report from the ad hoc committee that Mayor Pro Tern Kelly and Councilman Jonathan serve on, in terms of who is being granted a loan and who was denied and why. Lastly, she suggested using some of the $600,000 the City is expected to receive from the CARES (Coronavirus Aid, Relief, and Economic Security) Act, instead of putting it in the General Fund. Mayor Pro Tern Kelly reported staff is almost ready to share the results with Council that will reflect they have been able to 100% fund those applicants that scored the highest and partially fund those applicants that scored lower. It was all she could share at this time, but more information is imminent that will reflect those observations. 011 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2020 XVII1. STAFF REPORTS AND REMARKS A. City Manager Thanked staff for finding ways to deliver services in a new way, and not only learning how to do it, but doing it at the caliber that she is already reining rave reviews from members of the public. In particular, she thanked Angelique Hodges and Claudia Jaime, who were recently acknowledged as exemplary in delivering services virtually. She said Palm Desert has always prided itself in the level of service it provides to its businesses, contractors, developers, and residents. B. City Attorney None C. City Clerk 1. Update on Public Hearina A - Please see Section XVI - Public Hearing A for additional comments provided by Willdan. 2. General Municipal Election - Ms. Rocha reported the nomination period for pulling papers to run for City Council is July 13 through August 7, 2020, for the November 3, 2020, Election. XIX. ADJOURNMENT With City Council concurrence, Mayor Nestande adjourned the meeting at 5:40 p.m. GINA NESTANDE, MAYOR ATTEST: GRACE L. ROCHA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA 23