HomeMy WebLinkAboutPrelim - CC - 06-13-20196/1- �a -4
PRELIMINARY MINUTES D R A F T
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 13, 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 3:00 p.m.
II. ROLL CALL
Present:
Councilmember Jan C. Harnik
Councilman Sabby Jonathan
Councilmember Kathleen Kelly
Mayor Pro Tern Gina Nestande
Mayor Susan Marie Weber
Also Present:
Lauri Aylaian, City Manager
Robert W. Hargreaves, City Attorney
Rachelle D. Klassen, City Clerk
Lori Carney, Director of Administrative Services
Russell Grance, Director of Building & Safety
J. Luis Espinoza, Assistant Finance Director
Bo Chen, City Engineer
Eric Ceja, Principal Planner
Stephen Y. Aryan, Risk Manager
Joseph Belli, Captain, Palm Desert Police/Riverside County Sheriff's Department
Francisco Velasco, Admin. Sgt., Palm Desert Police/Riverside Co. Sheriff's Dept.
M. Gloria Sanchez, Management Specialist II
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
Reauest for Closed Session:
A. Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(d)(1):
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1) Lorraine Salas and Karina Quintanilla v. City of Palm Desert,
Riverside County Superior Court, Case No. PSC 1903800
B. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2):
Number of potential cases: 2
With City Council concurrence, Mayor Weber adjourned the meeting to Closed
Session at 3:01 p.m. She reconvened the meeting at 4:11 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Hargreaves stated that City Council had recessed the Closed Session,
will reconvene it after today's regular meeting agendas are concluded, then
make any announcements needing to be made at that time.
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Mayor Pro Tern Gina Nestande
VII. INVOCATION/INSPIRATION - Councilmember Kathleen Kelly
VIII. AWARDS AND PRESENTATIONS
A. PRESENTATION TO RECOGNIZE RALPH RAYA FOR HIS SERVICE TO
THE CITY OF PALM DESERT AND ITS CITIZENS' SUSTAINABILITY
COMMITTEE, 2011 - 2019.
Although Mr. Raya was unable to be present at today's meeting for this
recognition, Mayor Weber expressed sincere appreciation for his service to
the City and noted that City staff will ensure that the engraved crystal clock
is delivered to him.
IX. ORAL COMMUNICATIONS - B
MR. EDWARD HOLZHAUER, Palm Desert, was distressed by the City Council's
inaction after receiving a letter from Attorney Kevin Shenkman in September 2017,
outlining his intent to sue the City for being in violation of the California Voting
Rights Act, said letter being received some 14 months ahead of the 2018 election.
He said the City's choice of response was to bury the letter and not address it at all.
Subsequently, just after that election, his husband and he sat in amazement as the
newly elected incumbents went against staff recommendations and appointed a
development in the City limits to a company that they had taken money from in their
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re-election campaign. He went on to say that in the past few months he'd requested
all financials of all elected officials who sit on City Councils throughout the entire
Coachella Valley, as well as information on any new development that was granted
to the developers in question. He was further amazed that he kept seeing the name
of these developers in the pockets of numerous elected officials and questioned
whether they were acting in the best interests of the cities they represented, and if
the developer was doing numerous projects throughout the Coachella Valley that
warranted the velvet -glove treatment they had received in the Palm Desert Council
Chamber. Yet again, through the Freedom of Information Act (FOIA), he found that
the subject company was granted two projects in the entire Coachella Valley - one
in Palm Desert and a second in Palm Springs for a sign modification on one of its
properties. This led him to dig even further to try and understand why someone was
being given preferential treatment because they had given money to election
campaigns. Additionally, he began to look at the vanity projects currently being
considered in Palm Desert; one being the San Pablo Project awarded to that
company and how it was presented that it would be one the residents would be
receiving. He said the big undertaking City Council chose to do shortly after the
election was another vanity project that could potentially cost tens of hundreds of
millions of dollars to bury unsightly utilities in the City. All the while this was going
on, he said still no mention of the City being served with district voting, and he
asked why it wasn't being addressed. When a reporter asked a City
Councilmember why it wasn't addressed, they said they were focused on other
issues —the aforementioned `vanity projects.' One he likened to an expensive pair
of drapes on the bay window of the City Hall - in the San Pablo District; the other
to bury unsightly utilities. However, he said the Council's actions show that it does
not care for diverse representation on the City Council. When the story broke about
the City being served, a member of the ACLU stated, and he quoted,
"Carlos Pineda ran in the last election cycle; the fact that he was forced to run in
at -large rather than a district one hampered his chance; the City of Palm Desert
decision to stall implementation of the Voting Rights Act was, in itself, an act of
discrimination against Mr. Pineda." He went on to say the City Council has a
chance to make this right and urged them not to bury his husband with the City's
`unsightly utilities.'
Mayor Weber followed up on Mr. Holzhauer's comments, asking if staff had
responded to any complaints about Freedom of Information Act accessibility, and
Mr. Hargreaves said he was unaware of any complaints about any responses to
such Public Records Act Requests. Mayor Weber emphasized that everything was
public record and all there, it wasn't difficult to locate.
MR. WALLY MELENDEZ, Coachella Valley resident, continued his quest to seek
City Council support for enhancing the College of the Desert's (COD) offerings as
a post secondary institution with a four-year degree track. He promised to continue
making this request until it was successful. COD was synonymous with the
Coachella Valley, yet he was fully aware there were other colleges and universities
already here, but they aren't important to him - COD was - because it's a
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homegrown college in this very unique area. He felt it was a disservice for COD to
continue as only a two-year college.
Councilman Jonathan suggested that Mr. Melendez be provided with information
about the Desert Community College District (College of the Desert) with an elected
Board of Trustees and its public meeting schedule so that he could make his appeal
there.
X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY
A. Councilmember Jan C. Harnik Committee Reports and General Comments.
Greater Palm Sarinas CVB Business Awards— attended the luncheon
ceremony this week. Article today in The Desert Sun listing award
recipients, proudly noting many of them were from Palm Desert.
2. Southern California Association of Governments (SCAG) - working
hard on updating the Regional Transportation Plan, which is
performed every five years to project needs 20 years into the future.
3. Memorial Dav Events - hoped everyone participated in one of the
various events held May 27 and was as moved by them as she was
when attending the Cathedral City program. Looked forward to
marking the day again next year and hoped everyone else did as well.
4. Riverside CountvTransoortation Commission - State Route 60 project
has begun; information can be obtained on the RCTC website. Urged
everyone to pack their patience and plan ahead as much as possible
during this July - December project. There will be one lane of traffic
westbound from Jackrabbit Trail to Gilman Springs Road, but it will be
a much safer and more pleasant trip upon project completion.
5. Summer Heat - Check On Your Neiahbors - during the upcoming hot
summer days, encouraged residents to check on neighbors, or
anyone else who may need a little extra care, to be sure they're okay.
B. Councilman Sabbv Jonathan Committee Reports and General Comments.
Smoke Trees - after receiving a concerned resident's phone call that
some local smoke trees were being annihilated, sought Landscape
Supervisor Randy Chavez's and team's help. They were extremely
responsive, resulting in a successful effort to preserve the local
specimens. Resident was very grateful for the quick action.
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2. Homelessness Outreach - continue making strides to implement the
City's program, including the two contracted Behavioral Resource
Specialists. He thanked Management Analyst Christopher Gerry for
putting together a meeting that he participated in recently with
relevant staff and outside agencies for some coordination prior to the
July 1 start date for the Behavioral Resource Specialists. Meeting
participants included - Code Compliance, Parks & Landscape
Services, City Manager's Office, Public Information Officer, and
Citizens On Patrol Captain Jeff Alley, Sheriff's Station Lieutenant and
Deputy, Path of Life Ministries (in which the City makes a $100,000
investment through CVAG), and Riverside County Department of
Behavioral Health's Manager, who will oversee the aforementioned
Specialists. Goal for the meeting was to ensure that all parties are
working well together and maximize efficiency of all available
resources that the City is invested in. The group will follow up by
reconvening toward the end or right after summer is over to keep the
team working well together.
C. Councilmember Kathleen Kellv Committee Reports and General Comments.
None
D Mavor Pro Tern Gina Nestande Committee Reports and General Comments.
None
E. Mavor Susan Marie Weber Meeting Summaries Report for the Period of
May 11-31, 2019.
With City Council concurrence, the Meeting Summaries Report was received and
filed.
F. City Council Reauests for Action.
None
G. City Council Consideration of Travel Reauests/Reports.
None
XI. STAFF REPORTS AND REMARKS
A. City Manager
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1. City Manaaer's Meetina_ Summaries Rep_ ort for the Period of
May 13-31, 2019.
With City Council concurrence, the City Manager Meeting Summaries Report was
received and filed.
2. Future Portola/1-10 Interchanae Aesthetic Treatment Workina Group
Ms. Aylaian asked for one or two volunteers from the City Council to
work with staff on aesthetic treatment for the Portola/1-10 Interchange.
With City Council concurrence, Councilmembers Harnik and Kelly were nominated
and volunteered, respectively, to serve on this ad hoc working group.
3. Emplovee Notes - Brianne Lawson
Ms. Aylaian congratulated City Human Resources Office Specialist II
Brianne Lawson for recently graduating with a Master's Degree in
Public Administration.
B. City Attorney
None
C. City Clerk
None
D. Public Safety
1. Fire Department
None
2. Police Department
City Councilmembers were introduced to recently appointed
Palm Desert Substation Captain Joseph Belli, who replaced Captain
Jason Huskey on his retirement last month. Capt. Belli said he came
to the position with 29 years of service with the Sheriff's Department,
working 7 of the 10 patrol stations and was very pleased to be posted
in Palm Desert. He looked forward to serving the City and the
surrounding Coachella Valley, having been last assigned to the
Cabazon Station. He further commented that Lt. Matthew Martello
would still serve as the City's day-to-day administrator, and the City
was still to work with him in that capacity. Then he introduced
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Lieutenant Dave Walton along with him today, who serves as the
Palm Desert Substation Administrative Lieutenant and was returning
to the City of Palm Desert after a 12-year hiatus, having worked here
15 years in the past when the substation was next door to City Hall.
Councilmembers welcomed both to the City, and Mayor Weber noted
that Capt. Belli had been introduced and answered many questions
at yesterday's Public Safety Commission Meeting.
XII. CONSENT CALENDAR
PALM DESERT CITY COUNCIL
A. MINUTES of the Regular City Council Meeting of May 23, 2019.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
Dated 4/30/2019, 5/3/2019, 5/10/2019, 5/17/2019, and 5/24/2019.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrants Dated 5/17/2019 and 5/24/2019 (Joint Consideration with the
Palm Desert Housing Authority - Item V below).
Rec: Approve as presented.
D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months
of March 2019 and April 2019 (Joint Consideration with the Successor
Agency to the Palm Desert Redevelopment Agency - Item T below).
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Marriott
Desert Springs Villas, 782 Bougainvillea Circle, Palm Desert.
Rec: Receive and file.
F. AUDIT, INVESTMENT & FINANCE COMMITTEE MINUTES for the Meeting
of March 26, 2019.
Rec: Receive and file.
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G. RESIGNATION of Jacqueline Scibona - Youth Committee.
Rec: Receive with very sincere regret.
H. INDEPENDENT ACCOUNTANTS' REPORT on Applying Agreed -Upon
Procedures Relative to Transient Occupancy Tax for the Calendar Year
Ended 2016.
Rec: By Minute Motion, receive and file the Independent Accountants'
Report on Applying Agreed -Upon Procedures Relative to Transient
Occupancy Tax for the Calendar Year Ended 2016.
REQUEST FOR AUTHORIZATION to Apply For and Accept from the
California Governor's Office of Emergency Services, Upon Grant Award, the
2019 Emergency Management Performance Grant (EMPG) in the Amount
of $14,593.
Rec: By Minute Motion: 1) Upon notification of the grant award, accept the
FY 2019 Emergency Management Performance Grant (EMPG)
through the California Governor's Office of Emergency Services
(OES) in the amount of $14,593; 2) authorize the City Manager to
execute the 2019 EMPG application and all subsequent grant
documentation.
J. REQUEST FOR APPROVAL of Mills Act Contract for Property Located at
72477 El Paseo, #1112, in Sandpiper Condominiums (APN 640-200-016)
(Ralph E. Siegel and Alicia A. Siegel Trustees of the Siegel California
Revocable Residential Trust dated April 2, 2018, Applicants).
Rec: By Minute Motion, approve/authorize: 1) Mills Act Contract(s) for
72477 El Paseo, #1112 (APN 640-200-016), in accordance with
Section 29.70.030 of the Palm Desert Municipal Code;
2) City Manager and City Attorney to execute said contracts.
K. REQUEST FOR APPROVAL of Mills Act Contract for Property Located at
72507 El Paseo, #901, in Sandpiper Condominiums (APN 640-200-018-3)
(Burke G. Taylor and Susan M. Harvey, Applicants).
Rec: By Minute Motion, approve/authorize: 1) Mills Act Contract for
72507 El Paseo, #901 (APN 640-200-018-3), in accordance with
Section 29.70.030 of the Palm Desert Municipal Code;
2) City Manager and City Attorney to execute said contracts.
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L. REQUEST FOR AUTHORIZATION to Streamline the Use of Vendors forthe
Public Works Department by Granting Exception to Bidding Requirements
and Approving the Original Equipment Manufacturer (OEM) Vendor List and
the Various Vendors and Qualified Service Providers List for FY 2019-2020.
Rec: By Minute Motion: 1) Grant an exception to the purchasing
requirements of the Palm Desert Municipal Code, as provided for in
Section 3.30.160(K); 2) approve the OEM Vendor List; Landscape
Services Division Vendors and Service Providers List, and Public
Works Various Vendors and Qualified Service Providers List;
3) authorize the City Manager to execute contracts for ongoing
services, not to exceed $50,000 for any one vendor on the list, as
needed and recommended by staff during FY 2019-2020 — funds
have been included with the FY 2019-2020 operating budget.
M. REQUEST FOR AUTHORIZATION of the Purchase of Golf Course Irrigation
Supplies from High Tech Irrigation, Inc., for the Desert Willow Golf Resort
During Fiscal Year 2019-2020 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 for FY 2019-2020; 2) authorize the purchase of Rain Bird golf
course irrigation supplies from High Tech Irrigation, Inc., Indio,
California, during FY 2019-2020 in an amount not to exceed
$80,000 — contingent upon approval of the City's Annual 2019-2020
Budget, funds will be available in Course and Grounds Expenses,
Account No. 5204195-4803100.
N. REQUEST FOR AUTHORIZATION to Streamline the Use of Vendors for
Desert Willow Golf Resort by Granting an Exception to Bidding
Requirements and Approving the Operating Expense Vendors List for Fiscal
Year 2019-2020.
Rec: By Minute Motion: 1) Grant an exception to bidding requirements, as
provided for by Section 3.30.160(K) of the Palm Desert Municipal
Code, not to exceed $50,000 for any one vendor during
FY 2019-2020; 2) approve the Desert Willow Golf Resort's Operating
Expense Vendors List.
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O. REQUEST FOR AUTHORIZATION to Reject All Bids Presented for the
2019 Citywide Striping Project and to Re -advertise for Bids (Contract
No. C38090, Project No. 564-20).
This item was removed for separate discussion under Section XIII -
Consent Items Held Over of the agenda. Please see that portion of the
Minutes for resulting discussion and action.
P. REQUEST FOR APPROVAL of Contract for Local Area Network (LAN)
Cabling Upgrades with VectorUSA in the Amount of $112,928.47 and
Authorize City Manager to Negotiate, Finalize, and Execute the Contract
(Contract No. C38740).
Rec: By Minute Motion, approve contract with VectorUSA,
Rancho Cucamonga, California, in the amount of $112,928.47 for
LAN Cabling Upgrades and authorize City Manager to execute
same — funds are available in the Equipment Replacement Fund.
Q. REQUEST FOR APPROVAL of Professional Services Contracts for Building
Plan Review and Inspection Services for Fiscal Year 2019-2020.
Rec: By Minute Motion:1) Approve subject contracts with a cumulative total
not to exceed $150,000 for professional services to:
a) Scott Fazekas & Associates, Inc. (Contract No. C38750A);
b) Willdan Engineering (Contract No. C38750B); c) Interwest
Consulting Group (Contract No. C38750C); 2) authorize City Manager
to execute said contracts — funds are available in General Fund
Account No. 1104420-4301000, as set forth in the 2019-2020 budget,
which will be considered at the City Council Meeting of June 27, 2019.
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
R. MINUTES of the May 23, 2019, Regular Meeting of the Board of Directors
of the Successor Agency to the Palm Desert Redevelopment Agency.
Rec: Approve as presented.
S. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY -
Warrants Dated 5/17/2019 and 5/24/2019.
Rec: Approve as presented.
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T. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months
of March 2019 and April 2019 (Joint Consideration with the Palm Desert
City Council - Item D above).
Rec: Receive and file.
PALM DESERT HOUSING AUTHORITY
U. MINUTES of the Housing Authority Meeting of May 23, 2019.
Rec: Approve as presented.
V. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrants Dated 5/17/2019 and 5/24/2019 (Joint Consideration with the
Palm Desert City Council - Item C above).
Rec: Approve as presented.
W. REQUEST FOR APPROVAL of an Extension to Contract with John Harrison
Contracting, Inc., for HVAC Mechanical Systems Maintenance Services at
the Palm Desert Housing Authority Properties in an Amount Not to Exceed
$175,000 for Fiscal Year 2019-2020 (Contract No. HA37271).
Rec: By Minute Motion, approve/authorize: 1) Extension to subject contract
with John Harrison Contracting, Inc., Banning, California, for the
HVAC Mechanical Systems Maintenance Services at Palm Desert
Housing Authority Properties for a period of 12 months for FY 2019-
2020 in a total amount not to exceed $175,000 for contract services;
2) Executive Director and/or the Chairman to execute the extension
and any documents necessary to effectuate the actions taken
herewith — monies have been included in the FY 2019-2020 proposed
Authority's Replacement Reserve Budget in the appropriate Authority
Accounts.
X. REQUEST FOR AUTHORIZATION to Use Curtis Allan Floorcovering, Inc.,
for Purposes of Procuring Floor Coverings and Related Supplies and
Services with Mohawk Carpet Distribution, Inc., at Palm Desert Housing
Authority Properties in a Total Annual Amount Not to Exceed $125,000
(Contract No. HA38760).
Rec: By Minute Motion, approve/authorize: 1) Use of Curtis Allan
Floorcovering, Inc., National City, California, as the authorized vendor
for purposes of procuring floor coverings and related supplies and
services (includes cost for non -warranty partial replacements and
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repairs) at the Palm Desert Housing Authority properties for a term of
three (3) years under Sourcewell Agreement Contract
No. 121715-MCD with Mohawk Carpet Distribution, Inc., pursuant to
Sections 3.30.160(L) and 3.30.160(E) of the Palm Desert Municipal
Code, in a total amount not to exceed $125,000; 2) continued
participation with the service cooperative Sourcewell, formerly
National Joint Powers Alliance; 3) Authority's Legal Counsel to
negotiate and finalize an agreement with Curtis Allan Floorcovering,
Inc.; 4) Chairman and/or the Executive Director to execute the
Agreement and any documents necessary to effectuate the actions
taken herewith — monies have been included in the FY 2019-2020
proposed Authority's Operating Budget in the appropriate Authority
accounts for each property.
Y. REQUEST FOR APPROVAL of Change Order No. 1 and to Accept Work as
Complete for Contract No. HA37350 — Top Stair Handrail Replacement at
One Quail Place (Project No. 821-19) (S & T Contractors, Inc., d.b.a. Service
Master Restoration by S & T, Santa Clarita, CA).
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of
$4,940 to subject contract for replacement handrail parts for the stair
top handrails at One Quail Place; 2) accept subject contract as
complete; 3) authorize the City Clerk/Secretary to file a Notice of
Completion with the Riverside County Recorder for said project —
funds are available in Account No. 8714195-4331100 - Authority's
Capital Replacement Budget.
Councilman Jonathan asked that Item O be held over for separate
consideration.
Upon a motion by Harnik, second by Kelly, and 5-0 vote of the City
Council/Successor Agency Board/Housing Authority Board (AYES: Harnik, Jonathan, Kelly,
Nestande, and Weber; NOES: None), the remainder of the Consent Calendar was
approved as presented.
XIII. CONSENT ITEMS HELD OVER
O. REQUEST FOR AUTHORIZATION to Reject All Bids Presented for the
2019 Citywide Striping Project and to Re -advertise for Bids (Contract
No. C38090, Project No. 564-20).
Councilman Jonathan asked if the reason for going back out to bid was to
drive the cost up to the highest bid of $900,000, or clarify that it should be in
the lower $300,000 range, and Ms. Aylaian responded that she expected
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new bids would align with the lower end of the amounts seen in the first
round.
Councilman Jonathan moved to, by Minute Motion: 1) Reject all bids presented for
the 2019 Citywide Striping Project; 2) direct the Director of Public Works to re -advertise for
bids. Motion was seconded by Councilmember Harnik and carried by 5-0 vote (AYES:
Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None).
XIV. RESOLUTIONS
None
XV. ORDINANCES
A. For Introduction:
None
B. For Adoption:
None
XVI. NEW BUSINESS
A. REQUEST FOR APPROVAL OF
OF PALM DESERT AND THE
FUNDING OF PROGRAMMING
NO. C38770).
AN AGREEMENT BETWEEN THE CITY
LIVING DESERT AS IT RELATES TO
AT THE LIVING DESERT (CONTRACT
Councilmember Harnik stated for the record that her husband does pro bono
legal work for The Living Desert. She said unless otherwise determined and
advised, she would plan to vote on the matter, since there is no financial
conflict. Mr. Hargreaves agreed that there would be no Political Reform Act
conflicts and no need to recuse.
Senior Management Analyst Veronica Tapia remarked that the City Council
had identified The Living Desert as an important asset and investment of the
City of Palm Desert during its Budget Session in the past year. Since that
time, staff has been working diligently with The Living Desert staff to put
together a funding agreement that could support their efforts. Living Desert
has requested financial assistance that will augment and improve their
programming, with certain programmatic requirements to follow the funding
agreement. She noted that it will be a five-year agreement for a total of
$1,000,000 over that term, and she offered to answer questions, along with
Ms. Hawkins and Ms. Gil from The Living Desert also in attendance today.
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Councilman Jonathan noted that during the committee discussions about this
matter, discussion was held about the permanent plaque in recognition of
this funding arrangement and the City making some requests for it. He
pointed out that Exhibit "B" of said agreement was modified to reflect some
of those expectations, in general, and asked if any further discussion had
been held with Living Desert representatives about it.
Ms. Tapia said there had been, and she understood that City staff will be
moving along on it with Living Desert staff, and City Council will have
opportunity to review and approve the plaque before installation. In
response to the timing for that occurrence, Ms. Hawkins and Ms. Gil
answered from the audience that as soon as the contract is signed, they
would proceed.
Councilman Jonathan volunteered to help with this aspect and to meet on -
site for this purpose.
Councilmember Harnik moved to, by Minute Motion, approve/authorize: 1) Mayor
to execute subject contract between the City of Palm Desert and The Living Desert
Zoo and Gardens relative to funding of programming at The Living Desert; 2) initial
$200,000 payment in current fiscal year and same amount for the subsequent four (4)
years to fund this agreement — funding in the amount of $1,000,000 was included within
the FY 2018-2019 CIP Budget, Account No. 4004800-4387900; upon funding approval and
execution of the agreement, first payment of $200,000 will be due and payable, and the
remaining four (4) payments due on the annual anniversary date, to remain in effect
through June 30, 2024. Motion was seconded by Mayor Pro Tern Nestande and carried
by 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None).
B. REQUEST FOR APPROVAL OF THE EXTENSION OF CONTRACT
BETWEEN CITY OF PALM DESERT AND IDEAPEDDLER, LLC, TO
PROVIDE MARKETING SERVICES FOR FISCAL YEAR 2019-2020
(CONTRACT NO. C37181).
Tourism & Marketing Manager Thomas Soule reviewed the request, calling
attention to the fact that the Marketing Committee unanimously
recommended extension and did so with superlative comments and quite
impressed with the agency. He added that staff joins the Committee in that
wholehearted recommendation for contract extension.
Councilmember Kelly moved to, by Minute Motion, authorize: 1) Extension of subject
contract with Ideapeddler, LLC, Austin, Texas, to provide marketing services for FY 2019-
2020; 2) City Attorney to make non -substantive changes to the contract and Mayor to
execute on behalf of the City — funds were budgeted in the FY 2019-2020 Marketing
Budget, Professional Other, Account No. 1104417-4309000. Motion was seconded by
Mayor Pro Tern Nestande.
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Councilmember Harnik remarked that if one had been listening to the
Committee's discussion, they sounded like the Marketing Committee for
Ideapeddler — because they were so appreciative of all the work being done
on the City's behalf.
Mayor Weber called for the vote on the motion to approve staff's recommendation,
and it carried by 5-0 (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None).
C. REQUEST FOR AWARD OF CONTRACT TO M & M SWEEPING, INC., IN
A TOTAL AMOUNT OF $304,551 FOR FISCAL YEARS 2019-2020 AND
2020-2021 FOR COMMERCIAL AND RESIDENTIAL STREET SWEEPING
SERVICES (CONTRACT NO. C38460, PROJECT NO. 754-20).
City Engineer Bo Chen reviewed the report, noting this was the annual
contract with M & M Sweeping, Inc., in orderto comply with NPDES (National
Pollutant Discharge Elimination System) and SCAQMD (South Coast Air
Quality Management District). Further, he advised that this represented a
two-year term with a two-year extension option.
Councilman Jonathan observed that the report indicates there are certain
requirements to reduce pollutants and remove sediments, with street
sweeping considered one of the most effective methods to achieve
compliance, and Mr. Chen concurred. Councilman Jonathan went on to ask
if there were other methods or alternatives effective for this purpose.
Mr. Chen answered that public education to eliminate trash being strewn on
public streets would assist in the effort — going to the source of the
pollutant — along with other ways.
Mayor Pro Tern Nestande questioned how well the street sweepers worked,
relating a recent experience where she ended up behind one in a dust cloud
after just washing her car.
Mr. Chen agreed there was no perfect solution, but the subject contract
represented the manner in which the City complies with the requirements.
Councilmember Harnik pointed out that she had previously asked Director of
Public Works Tom Garcia about the occurrence of dust spewing from the
sweeper while it's operating, and he advised that they are supposed to have
sufficient water application to keep the dust down. In addition, she was
aware that the City is mandated to comply with the aforementioned
requirements, asking if the company recommended here was the same as
contracted by CVAG (Coachella Valley Association of Governments) for
street sweeping. Mr. Chen said it was, and the City has used them
previously as well.
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JUNE 13, 2019
Councilmember Harnik went on to say, as discussed at today's Coachella
Valley Conservation Commission Meeting, that there are areas of desert
locally that need sand replenishment as a result of development or other
occurrences. Now they're taking the sand picked up by street sweepers,
after it ends up there as a result of natural movement or wind event,
cleaning, and returning it to the desert as inf ill for some of the Valley's native
species. Therefore, she said sweepers pick up sufficient volume that it can
be reused in this manner. She added that when you see a sweeper kicking
up dust, it would be beneficial to note the time, date, and location, and
forward the information to Public Works so that the operator can be notified
of the need to add water. Further, she remarked that since residents are
allowed to park on Palm Desert's streets, it's often apparent that the sweeper
has to go around parked cars; she asked if there was a way to alert residents
of the sweeping schedule.
Mr. Chen responded that staff could reach out to M & M Sweeping to seek
better publicity for informing residents of the schedule. In further response
to comment, he agreed that the standard schedule could be listed in the
City's Bright Side newsletter, as well.
Councilmember Kelly noted the schedule for her street was observable, so
it should be possible for the City to secure that information and publicize it,
as it was probably not an obligation of the sweeping company to do so.
Further, she underscored Councilmember Harnik's comment that if the
sweeper is kicking up dust, then it is not operating as designed, and anyone
observing this should be sure to detail the information and pass it along to
the Public Works Department for follow-up. When sweepers are operating
as designed, she said the operation does remove sediment from the street
that is noticeable. It also means that the next time there is a windstorm, that
sediment is not part of what's in the air affecting residents' breathing, which
was the whole point of the effort.
Councilman Jonathan acknowledged that there may be some unanswered
questions about the effectiveness of and alternatives to street sweeping, and
he asked whether there was time to send it back to staff to answer these and
maybe others.
Mr. Chen answered that there wasn't much time; although, the concerns
raised here had been brought up some time ago, and staff was still
endeavoring to find the perfect answer. Further responding, he said it was
possible to continue the matter for two weeks.
Councilman Jonathan said while the will of the Council may not be to
continue the matter, he still had unanswered questions. He had been and
continues to be concerned about the effectiveness of street sweeping,
likening it to the Charlie Brown character "Pigpen," who was always
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surrounded by a cloud of dust. He believed there were other substantive
schools of thought that would agree that it's ineffective, but he's not an
expert in the matter. Therefore, he wanted to understand from staff if there
was any verifiable documentation to show that this method is effective.
Secondly, he said the staff report says it's `one of the most effective
methods,' so before the City puts up over $300,000 into something that may
not be effective, he wanted to understand what other options are, if any.
Then he could make an informed decision.
Mr. Chen offered that the most effective method would be to go to the source
of the pollutant and control it, and Councilman Jonathan responded he would
prefer that staff go through a thoughtful process to answer his questions.
Councilmember Kelly countered that if the major alternative was to educate
people, it would not be nearly as effective; people are inherently using
products in their yards that create runoff, that runoff includes sand and
sediment on the street. She reiterated that it was completely observable to
her that after the street sweeper goes by, all of that has been removed. She
was unsure how much more was likely to be learned about the issue in two
weeks' time.
Councilman Jonathan agreed, but pressed for an answer regarding what
other alternatives existed and for education about them in order to make an
informed decision.
Councilmember Harnik said staff suggested one alternative of education
about litter, but she felt the main point for the South Coast Air Quality
Management District (SCAQMD) and National Pollutant Discharge
Elimination System (NPDES) was about PM10 (Particulate Matter 10
micrometers or less) or dust in the air. When the street sweeper uses
adequate water, it's very evident that it has cleaned the street. That is why
she felt it was very important to give the operator a heads -up that there have
been a number of Councilmembers who've noticed dust being kicked up
during their route, meaning there wasn't the right amount of water being
applied. She reiterated her prior remark from today's CVCC (Coachella
Valley Conservation Commission) meeting at CVAG, the street sweepers are
taking the sand and dust collected from the streets, treating it to remove
toxins, and returning it to the desert where it's needed.
Councilman Jonathan acknowledged the point and didn't disagree, but
reaffirmed his quest to first get more information. He didn't want to commit
$300,000 only to find out there was new technology that'was more effective
and less expensive. Although, he said it was likely that staff would come
back in two weeks and report after studying the issue that street sweeping
is the most effective, and he could then go along. However, they may also
modify the contract to specify that the vendor shall clean up, treat, and
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recirculate the sand, and be required to use sufficient water. At a minimum,
he would desire a clean-up of the contract. Mayor Pro Tern Nestande
agreed.
Councilmember Harnik believed staff was already saying here that street
sweeping was the best method, and she was ready to approve it, subject to
a tightening up of the contract that speaks specifically to the operator about
guaranteeing the unit will have the correct amount of water being utilized in
the equipment to keep the dust down.
Councilmember Harnik moved to, by Minute Motion: 1) Award subject contract to
M & M Sweeping, Inc., Thousand Palms, California, in a total amount of $304,551 for
Fiscal Years 2019-2020 and 2020-2021 for Commercial and Residential Street Sweeping
Services, with an option to renew for two additional years, subject to modifying the contract
to guarantee the correct amount of water application; 2) authorize the Mayor to execute
said agreement - funds are available in General Fund Account No. 1104310-4332000 -
Street Repair and Maintenance. Motion was seconded by Councilmember Kelly.
Mayor Weber noted that since the City Council has discussed this over and
over, and it's still the identical recommendation, she now wondered if there
wasn't something else out there for it instead.
Councilman Jonathan made a substitute motion to postpone the matter for two
weeks for staff to address the questions raised at this meeting. Mayor Pro Tern Nestande
seconded the substitute motion.
Responding to Councilmember Harnik's request, Mr. Chen recalled for City
Council that it conducted the same discussion in 2015, and staff went back
and looked at other methods for cleaning the streets, but didn't find anything
more effective.
Councilman Jonathan pointed out that was four years ago and supported his
reasoning for a two -week continuance to see what new developments have
transpired since that time.
Mayor Weber called for a vote of the City Council regarding acceptance of the
substitute motion, and it carried on a 3-2 vote (AYES: Jonathan, Nestande, and Weber;
NOES: Harnik and Kelly).
Mayor Weber called for a vote on the substitute motion to continue the matter for
two weeks, with staff requested to address questions raised at this meeting, and it carried
on a 3-2 vote (AYES: Jonathan, Nestande, and Weber; NOES: Harnik and Kelly).
PRELIMINARY MINUTES
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D. REQUEST FOR AUTHORIZATION TO START PROCEEDINGS TO LEVY
THE ANNUAL ASSESSMENT FOR FISCAL YEAR 2019-2020 FOR
CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1.
Landscape Supervisor Randy Chavez reviewed the request and resolution
included in the agenda, and noted staff recommended approval.
Mayor Pro Tern Nestande moved to waive further reading and adopt Resolution
No. 2019 - 24. declaring the intention to levy the annual assessment for
Fiscal Year 2019-2020 for City of Palm Desert Benefit Assessment District No. 1, pursuant
to The Benefit Assessment Act of 1982, and appointing a time and place for a public
hearing on these matters. Motion was seconded by Councilmember Kelly and carried by
5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None).
E. REQUEST FOR AUTHORIZATION TO START PROCEEDINGS TO LEVY
AND COLLECT ANNUAL ASSESSMENTS WITHIN, AND TO GRANT
PRELIMINARY APPROVAL OF THE ENGINEER'S ANNUAL LEVY
REPORT FOR, CONSOLIDATED PALM DESERT LANDSCAPING &
LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR
2019-2020.
Mr. Chavez advised that staff recommended approval of the two resolutions
included with the printed report.
Councilmember Harnik moved to waive further reading and adopt: 1) Resolution
No. 2019 - 25, starting proceedings to levy and collect the annual assessments for
Consolidated Palm Desert Landscaping & Lighting Maintenance District No. 1 for Fiscal
Year 2019-2020; 2) Resolution No. 2019 - 26, declaring the intent to levy and collect
annual assessments within, and granting preliminary approval of the Engineer's Annual
Levy Report for Consolidated Palm Desert Landscaping & Lighting Maintenance District
No. 1 for Fiscal Year 2019-2020. Motion was seconded by Councilman Jonathan and
carried by 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None).
F. REQUEST FOR ADOPTION OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) NOTICE OF EXEMPTION FOR THE LINE 4
DRAINAGE PROJECT AND TO AWARD CONTRACT THEREFOR IN THE
AMOUNT OF $4,018,922 TO GRANITE CONSTRUCTION COMPANY
(CONTRACT NO. C35310A, PROJECT NO. 522-16).
Project Administrator Ryan Gayler stated the subject request represented
award of contract for a storm drain project in the east end of the City.
Councilmember Harnik moved to, by Minute Motion: 1) Adopt the CEQA Notice of
Exemption for the Line 4 Drainage Project; 2) award subject contract, including Bid
Alternate #1, in the amount of $4,018,922 to Granite Construction Company, Indio,
California, for Construction of the Line 4 Drainage Project; 3) authorize Director of Finance
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to set aside a 10% contingency for the project in the amount of $401,892; 4) authorize the
City Manager or designee to review and approve written requests for the use of
contingency for unanticipated conditions, per Section 3.30.170(A) of Ordinance No. 1335;
5) authorize the Mayor to execute said contract — funds are available in Account
No. 4514690-4400100 - Capital Bond Funds for the Storm Drain Construction -
$2,448,635, and Account No. 2134311-4332000 -Measure "A" Street Maintenance for the
street reconstruction on Tamarisk Row - $1,972,179. Motion was seconded by Mayor
Pro Tern Nestande and carried by 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and
Weber; NOES: None).
G. REQUEST FOR AWARD OF CONTRACT FOR PROFESSIONAL
INSTALLATION SERVICES FOR THE COUNCIL CHAMBER
AUDIO VISUAL REMODEL TO PRESENTATION PRODUCTS, INC.,
D.B.A. SPINITAR (CONTRACT NO. C37960B).
Information Systems Manager Clay von Helf stated the subject request was
for updating the Council Chamber audio-visual system, the last project of its
kind occurring in 2011. At that time, he said some of the choices were a
result of value engineering, the biggest one being the main display at a
4:3 aspect ratio and on the way to being obsolete even then. He said a 16:9
aspect ratio was really standard, but cost for redoing the existing rear -
projection screen was just exorbitant at that time; therefore, it was decided
to retain the 4:3, understanding that it would eventually require replacement.
He explained that incorporating as much future -proofing as possible is goal
of the current project. The rear projection screen will be replaced with a 16:9
high -definition video wall that will be mounted on the exterior of the structural
wall; the rear -projection room will be converted into a control room to allow
moving some staff in, making it a much safer work area. He said the display
will be very bright and clear, helping the audience and public see whatever
is being presented. Additionally, once the move is made to the 16:9 display,
all monitors along the dais will be smaller. Most of the other upgrades will
occur behind the scenes with some simplified voting and microphone
controls being notable.
He went on to say that staff was also requesting direction for a second
screen on the easternmost wall at the front of the Chamber, replacing the
New Zealand artwork residing there currently. The second screen will have
three planned uses:
1) Mirror image of the primary display, giving better access to audience
members who are sitting at a sharp angle to the primary.
2) Projection of the agenda to highlight current item under consideration
for anyone entering the Council Chamber after the meeting starts to
identify where the Council is at in the proceedings.
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3) Camera feed for the podium to show the speaker for the audience's
benefit.
Mr. von Helf stated the City issued an RFP (Request For Proposals) and
received the one submission from Spinitar. Their experience and work
quality were found to be exceptional, and the fee proposal was well below
staff's estimates. Therefore, staff recommended moving forward with their
proposal. He pointed out that construction would take place during the
summer recess, after the July 11 meeting, planning to be back up and
running for the August 22 meeting. In case of delay, staff has made some
other plans for an alternate location and would so advise City Council and
the public well in advance of any venue change. He offered to answer
questions.
Upon inquiry, he stated the photos included in Spinitar's proposal were not
representative of Palm Desert's Council Chamber but of other jobs they have
done in the past. Further, he said none of the structural features or fixtures
in the Council Chamber would be changed in this project; he believed that
Public Works was planning on making some ADA (Americans with
Disabilities Act) improvements next summer. This project is strictly the A-V
system, with biggest change being the video wall.
Councilman Jonathan understood the modifications will trigger new ADA
requirements and asked if the City had the luxury of waiting a year to
implement them. Mr. von Helf didn't think the subject changes triggered the
ADA requirements, but the idea for new carpet and seating did. Responding
further, he said there was an access issue for the control room, but he
understood it was acceptable as long as a plan was in place to address it.
When asked about the reason only one A-V firm from out of the area
responded and none did locally, Mr. von Helf said staff was also surprised
and then reached out to a few local firms. One of them mentioned the time
constraints involved as being a reason they didn't bid. Additionally, since this
project is equipment installation only with actual system programming to be
done by the City's consultant, some of the firms didn't like that arrangement.
Councilmember Harnik commented that although she liked the idea of
removing said artwork from the wall and installing it where more of the public
could enjoy, she questioned the need for an additional screen.
Mayor Weber stated she was definitely in favor of the additional screen,
commenting she's been to several meetings where it's nice to go in and see
the current location on the agenda displayed so people can keep track. She
also felt it would be very valuable to see people speaking at the podium.
Councilman Jonathan added he'd been privileged to attend City Council
Meetings throughout the Coachella Valley, with the majority having a second
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screen. He finds them very effective and used in the exact three ways
Mr. von Helf described. In particular, the audience knows where Council's
at on the agenda, the second advantage being people able to see - either if
they're sitting close to the display or if it's difficult to see that far away.
Lastly, being able to see the speaker personalizes the meeting for the
audience so they're not looking at the person's back. Therefore, he's seen
the second screen in use and finds it of great benefit, in this case at a
nominal cost of $8,500 more.
Councilmember Kelly supposed she was in the other camp on the issue of
a second screen - feeling it was excessive for the size of Palm Desert's
Council Chamber. From her perspective, the primary display was entirely
visible to everyone except staff seated immediately below it, but they have
monitors for viewing the display. Regarding tracking the agenda, she
thought most people just asked the person seated next to them for that
information, and it was kind of friendly. Sometimes $8,500 was a big deal,
other times not; in this instance, she felt the second screen was
unnecessary. Although, she certainly affirmed the importance of the
technology upgrades involved.
Mayor Pro Tern Nestande moved to, by Minute Motion: 1) Award subject contract
for professional installation services for the Council Chamber Audio Visual Remodel to
Spinitar in an amount not to exceed $225,125.68, and authorize City Manager to take
measures necessary to effectuate and execute the contract; 2) provide staff with direction
to include the alternate proposed screen, as proposed; 3) declare existing Audio Visual
assets as surplus and authorize staff to properly dispose of them in a manner consistent
with electronics disposal processes — funds are budgeted from the Equipment
Replacement Fund, as part of the Capital Improvement Plan (under the IT Master Plan),
and are available for FY 2018-2019 in Account No. 5304190-4404000. Motion was
seconded by Councilman Jonathan and carried by 5-0 vote (AYES: Jonathan, Harnik,
Kelly, Nestande, and Weber; NOES: None).
Councilmember Kelly requested staff consult with the Sister Cities
Foundation Board in connection with finding an alternative location for the
artwork, and Ms. Aylaian agreed to do so.
H. REQUEST FOR APPROVAL OF AGREEMENT WITH GLYN DONALD
GRAY D.B.A. GDG FOR OPERATION OF THE EL PASEO COURTESY
CARTS FOR FISCAL YEAR 2019-2020 (CONTRACT NO. C38440).
City Business Advocate Deborah Glickman recalled for City Council that
contract for the current Courtesy Cart Operations expired on Memorial Day,
with the service now on break until October. In April staff solicited proposals
for a new operations contract, two bids were received. Current operator
GDG provided the low bid, having been the current operator. As the City has
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been satisfied with his services to date, staff recommended approval of
awarding the new contract to GDG.
Upon inquiry, Ms. Glickman confirmed that staff was still working on
achieving related features to benefit the Courtesy Cart Program discussed
at the City Council's Study Session earlier in the spring — an app for tracking
the cart on the street. She had just participated in a meeting about it this
morning, and it's progressing. Additionally, staff was working toward getting
signage on the carts. She was experiencing some challenges in securing
illuminated signs for the carts, and she was now in the second round of
bidding for them. All three aspects were being worked on simultaneously.
Councilman Jonathan noted that the aforementioned Study Session was
conducted several weeks ago where staff was given direction to, in fact,
include the app and advertising in the program. In the time that has elapsed
since, he was disappointed that the whole package was not ready for
consideration at this point and asked for an explanation.
Ms. Glickman responded that the subject request was only to deal with the
operations of the cart; each item was being developed separately and will be
different contracts. She was now in the process of developing the
advertising policy. Staff was working with SunLine Transit Agency on the
app, but they didn't feel the rush to have it right back to the City. Although,
she met with them this morning to get the project on track, noting the app is
a pretty straightforward process but would require a Memorandum of
Understanding (MOU) with SunLine to complete it. She assured City Council
that it was all being worked on at once.
Ms. Aylaian pointed out that staff didn't have the budget for it in the current
fiscal year (2018-2019), and planned to bring the plans for that expenditure
at the next City Council Meeting with the FY 2019-2020 Budget.
Councilman Jonathan was surprised by that information, because when City
Council discussed it, the golf cart subject matter was one topic — the
appearance, number of units operating, signage on top, advertising, and the
app — and Council gave direction. Now, however, it was coming back
piecemeal, and he was really disturbed to hear that SunLine is setting the
City's priority for it because it's not one for them. He asked for clarification.
Ms. Aylaian offered that the Courtesy Cart Study Session was purposely
scheduled in advance of the Budget Study Session so staff would know how
City Council wished to proceed with the program, in order to plan a budget
for it in the next fiscal year. She said staff needed to know if City Council
wished to continue contracting for operating the service with a third -party
operator or have it be City -run, and/or expand it. With the direction given,
that was reason for the operations contract being brought forward at this time
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so it's in place for the next fiscal year, the funding for it will not be available
until July 1. Secondly, she didn't believe that SunLine establishes the priority
or schedule for work of the City.
Ms. Glickman agreed and clarified her earlier misstatement. She said staff
looked at the realistic timeline to get the app in place before next season and
was working toward it, accordingly.
Councilman Jonathan asked if the operations contract was approved here,
was there reasonable certainty that the carts would have the signage on top,
advertising, and an app in place by the time season begins and they're ready
to go on El Paseo.
Ms. Glickman affirmed that she was actively working on all of those
elements, all of them as late as earlier today, and hoped to bring them back
as soon as possible. She, too, was surprised that seeking illuminated signs
for tops of the carts was more difficult than anticipated, but was forging
ahead to find a vendor who could supply them. She reiterated that she's
working on all of the aspects concurrently — signage, advertising policy, and
the app. The least solid timeline she could offer was for getting the
advertising program up and running, because it will depend on City Council's
response to the proposed advertising policy.
Mayor Pro Tern Nestande moved to, by Minute Motion, approve/authorize:
1) Subject contract with Glyn Gray d.b.a. GDG in an amount not to exceed $118,000,
including regularly scheduled, special event, and flex hours, and vehicle
maintenance/repairs for operation of the El Paseo Courtesy Cart Program during FY 2019-
2020; 2) Mayor to execute said contract, allowing City Attorney to make non -substantive
changes; 3) expenditure of up to $21,000 for Commercial Automobile Liability Insurance
for the three (3) Courtesy Carts —funds have been requested in the FY 2019-2020 Budget
in Account No. 1104416-4368100 - Courtesy Carts. Motion was seconded by
Councilmember Kelly and it carried by 4-1 vote (AYES: Harnik, Kelly, Nestande, and
Weber; NOES: Jonathan).
REQUEST FOR AUTHORIZATION OF AMENDMENTS THAT MAY BE
NECESSARY TO THE AGREEMENTS WITH PD HOVLEY LP, FOR THE
PROJECT KNOWN AS HOVLEY GARDENS, TO ACCOMPLISH A
TRANSFER OF OWNERSHIP, REFINANCE, REHABILITATION, AND AN
EXTENSION OF THE AFFORDABILITY PERIOD (JOINT CONSIDERATION
WITH THE PALM DESERT HOUSING AUTHORITY).
Ms. Aylaian stated the subject item was a request for staff to negotiate
amendments to existing agreements for Hovley Gardens, an affordable
apartment complex that was built in the early 2000s with a loan of
approximately $7.6 million from the Redevelopment Agency before it was
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dissolved. It was a low -interest loan provided to developer Dan Horn, who
is well known to all but whose company name has changed since inception
of the project, now Palm Communities. The developer has identified an
opportunity to do a number of positive things for the property that will require
a change and transfer in ownership. Therefore, they're proposing to amend
the existing agreements in order to accomplish the project benefitting the
residents and City, including renovation and rehabilitation that will
incorporate ADA (Americans with Disabilities Act) improvements, energy
efficiencies, new appliances, floors, and cabinetry on the interiors; renovation
of the laundry room and some of the common areas, landscaping, exterior
painting, and new playground equipment — a refresh to the entire
development. Benefits to the City include that the 55-year limitation on
affordability will restart, extending it from the original expiration. One
drawback is that the City currently receives a payment in lieu of property
taxes (a.k.a. PILOT), which would not be carried forward under the new
agreement; however, the proposal would allow the City to negotiate some
other payment that would be roughly equivalent, but technically not a PILOT.
This request also allows the developer to resyndicate and transfer
ownership, but he will continue as principal in the new group and be
responsible for performing the aforementioned improvements. Staff was
seeking authorization at this time for the draft agreements to be negotiated,
as the developer needs it in order to propose documents for the next tax
credit funding cycle application deadline of July 1. She advised that Mr. Horn
was present today to answer any questions, as was Senior Management
Analyst Veronica Tapia.
Responding to question, she confirmed that the project was initially
constructed in 2003, adding that the agreements for it were signed in 2001.
In further response, she agreed that if nothing else happened, the
affordability period would be up through 2058. Although, she believed the
affordability period started to run when the documents were executed and
agreement finalized, not at completion of the renovation project. She
confirmed that it would essentially add 16 years to that period.
In answer to another question, she responded that the affordability covenant
is 45 years for ownership units and 55 years for rentals. She went on to
answer that it does not add any further credit to the City's RHNA (Regional
Housing Needs Assessment) required unit production numbers.
Councilmember/Member Harnik moved to, by Minute Motion: 1) Consent to the
transfer of property commonly known as Hovley Gardens, located at 74501 Avenue 42,
Palm Desert, from PD Hovley LP to Palm Communities (formerly known as Palm Desert
Development Company), or a new limited partnership; 2) authorize staff to proceed with
the drafting of amendments to the existing agreements with PD Hovley LP and the
Palm Desert Housing Authority, allowing for a transfer of ownership, refinance,
rehabilitation, and extension of the affordability period; 3) authorize Palm Communities to
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submit an application to the Tax Credit Allocation Committee (TCAC) on or before July 1,
2019, for the rehabilitation of Hovley Gardens; 4) authorize the following related to the
Authority Loan: a) Assumption of the Authority loan in the event of a transfer of property
by the new owner; b) subordination of the Authority's loan to a construction loan if tax
credits are allocated to the project; c) extension of the term of the loan for a period of 41
years (for a total of 55 years) from the close of any purchase; d) suspension of payments
to the Authority on the loan for the 12- to 24-month construction timeframe, once
established; 5) authorize the City Manager, Executive Director, Mayor, Chairman, and legal
counsel to finalize the selected option and execute any documents necessary, consistent
with the actions contemplated herewith. Motion was seconded by Mayor Pro Tem/Vice
Chairman Nestande.
Councilmember/Member Kelly wished to affirm for the record on this
proposal that it is increasingly challenging to enable affordable housing after
the loss of Redevelopment, so it does certainly achieve a key City goal, as
does the inclusion of energy efficiency for this property. That meant it was
positive on two fronts.
Mayor/Chairman Weber called for the vote, and it carried 5-0 (AYES: Harnik,
Jonathan, Kelly, Nestande, and Weber; NOES: None).
XVII. CONTINUED BUSINESS
None
XVIII. OLD BUSINESS
None
XIX. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF THE MANAGEMENT DISTRICT PLAN
FOR, AND ORDERING THE LEVYAND COLLECTION OFASSESSMENTS
WITHIN, THE PRESIDENT'S PLAZA I PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT FOR FISCAL YEAR 2019-2020.
Landscape Supervisor Randy Chavez reviewed the request before City
Council to adopt two resolutions for President's Plaza I Property and
Business Improvement District for Fiscal Year 2019-2020.
Councilman Jonathan said prior to today's meeting, he'd contacted
Mr. Chavez to express concern that as the City goes through refurbishment
and reshaping of the President's Plaza I parking lot, that costs of
maintenance may be impacted following completion of those renovations.
He asked for clarification that he'd understood Mr. Chavez's response, which
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was that the situation is addressed, because as opposed to previously doing
five-year time increments, the subject request was for one year. This would
provide an opportunity after improvements are completed to again look at
that budget.
Mr. Chavez explained that the District is currently in its fifth year, meaning
the only thing that could be increased is CPI (Consumer Price Index), which
is 3%. Next fiscal year a group of City staff would be assembled to reach out
to the property owners there to inquire how they wanted to proceed. For the
time being, the budget is for maintenance at status quo; at this point the
prospective project is still very conceptual, so it's not yet determined what will
be maintained in the future. Once next fiscal year is further along, the City
will have a better idea of how to proceed with maintenance. Upon question,
he confirmed that the City will not be bound with a set budget for five years
at this point in time, and once plans for the renovation are determined, then
staff can recommend accordingly.
Mayor Weber declared the public hearing open and invited testimony
SUPPORTING or OPPOSING the subject request. With no public testimony
offered, she declared the public hearing closed.
Councilman Jonathan moved to waive further reading and adopt: 1) Resolution
No. 2019 - 27, approving the Management District Plan for President's Plaza I Property
and Business Improvement District, FY 2019-2020; 2) Resolution No. 2019 - 28. ordering
the levy and collection of annual assessments with the President's Plaza I Property and
Business Improvement District, FY 2019-2020. Motion was seconded by Councilmember
Kelly and carried by 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber;
NOES: None).
B. REQUEST FOR APPROVAL OF THE MANAGEMENT DISTRICT PLAN
FOR, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN, THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT FOR FISCAL YEAR 2019-2020.
Landscape Supervisor Randy Chavez reviewed the request before City
Council today for President's Plaza III.
Mayor Weber declared the public hearing open and invited testimony
SUPPORTING or OPPOSING the subject request. With no public testimony
offered, she declared the public hearing closed.
Councilmember Kelly moved to waive further reading and adopt: 1) Resolution
No. 2019 - 29, approving the Management District Plan for the President's Plaza III
Property and Business Improvement District, FY 2019-2020; 2) Resolution No. 2019 - 30,
ordering the levy and collection of annual assessments within the President's Plaza III
Property and Business Improvement District, FY 2019-2020. Motion was seconded by
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Councilmember Harnik and carried by 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande,
and Weber; NOES: None).
XX. ADJOURNMENT
With City Council concurrence, Mayor Weber adjourned the meeting to the
recessed Closed Session at 5:31 p.m. City Clerk Rachelle Klassen reconvened the
meeting at 5:43 p.m., with no reportable action, and immediately adjourned to
Monday, June 17, 2019, at 8:00 a.m. for a continuation of the Closed Session.
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
SUSAN MARIE WEBER, MAYOR
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