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HomeMy WebLinkAboutPrelim - CC - 10-25-2018PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 25, 2018 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 1. CALL TO ORDER - 3:00 P.M. Mayor Jonathan convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jan C. Harnik Councilmember Kathleen Kelly Councilmember Gina Nestande Mayor Pro Tem Susan Marie Weber Mayor Sabby Jonathan DRAFT ALA Also Present: Lauri Aylaian, City Manager Robert W. Hargreaves, City Attorney Rachelle D. Klassen, City Clerk Lori Camey, Director of Administrative Services Russell Grance, Director of Building & Safety Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Finance/City Treasurer Tom Garcia, Director of Public Works Bo Chen, City Engineer Eric Ceja, Principal Planner Stephen Y. Aryan, Risk Manager Dan Talbot, Deputy Chief, County Fire Department/Cal Fire Eddy Moore, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Lt. Matt Martello, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Andy Martinez, Admin. Sgt., Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Rocha, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - 43900 San Pablo Avenue, Palm Desert Negotiating Parties: Agency: Lauri Aylaian/Tom Garcia/Ryan Stendell/ City of Palm Desert Property Owner: City of Palm Desert Other Parties: Kevin Kalman/Desert Recreation District Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 222, Palm Desert Negotiating Parties: Agency: Lauri Aylaian/Janet M. Moore/Anthony Hernandez/ City of Palm Desert Property Owner: City of Palm Desert Other Parties: County of Riverside 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 Mr. Hargreaves requested City Council's consideration of adding an item to the agenda by four -fifths vote, which presented itself after posting of the agenda. C. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) Four Green Gold, LLC v. City of Palm Desert, Riverside County Superior Court Case No. PSC 1806472 On a motion by Harnik, second by Kelly, and 5-0 vote of the City Council (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the aforementioned case was added to the City Council agenda for Closed Session. With City Council concurrence, Mayor Jonathan adjourned the meeting to Closed Session of the City Council at 3:01 p.m. He reconvened the meeting at 4:03 p.m. 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. DRAFT Mr. Hargreaves reported direction was given, but no reportable action was taken. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Chair Lily Kim VII. INVOCATION - Councilmember Kathleen Kelly VIII. AWARDS AND PRESENTATIONS A. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY CHAIR LILY KIM. Ms. Kim reported the Committee recently participated in the Y Be Fit Color Run, and they plan to take part in the Golf Cart Parade this coming Sunday, and Relay for Life in November. The Committee plans on continuing their Technology Workshops at the Joslyn Center and other activities. B. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, OCTOBER 25, 2018, AS "SHANGHAI MUNICIPAL EDUCATION COMMISSION DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Jonathan presented the proclamation to the six teachers from Shanghai, who were visiting our schools this month as part of an exchange program. He noted the City has had other visitors in the past, but rarely if ever, from as far away as China, so this was a very special moment. He thanked them for participating in this exchange of knowledge and ideas. Desert Sands Unified School Superintendent Scott Bailey and School Board Member Wendy Jonathan thanked the City Council for their support of the schools, and for the recognition afforded to the Shanghai teachers. 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT C. PRESENTATION OF 2018 PALM DESERT "MINI -MUSTER" ARTWORK AWARDS. On behalf of the City Council, Mayor Jonathan presented the proclamation to Mini -Muster Coordinator Mike Lewis and Division Chief Eddy Moore with the Riverside County Fire Department/Cal Fire. Mr. Lewis explained that every year the Historical Society of Palm Desert puts on what is called the Mini -Muster. The idea of the Mini -Muster was brought to the Valley by a lady named Jan Holmlund 26 years ago. Sadly, Ms. Holmlund passed away recently. She thought it was a great idea when she saw her child participating in the program in Arizona, so she brought it to the Desert. The program teaches 3rd graders fire safety and awareness through field exercises in conjunction with Cal Fire. As part of the program, there is an art contest where the winner's art is displayed at Station 33, including the opportunity to ride on top of the historical fire truck at the Golf Cart Parade this coming Sunday. He added the Rotary will have their Pancake Breakfast in the early moming, followed by the parade at 12:00 noon. Mayor Jonathan recognized the following Art Award recipients as follows: James Carter Elementary - Siddesh Jakkaraju Gerald Ford Elementary - Annysia Wright Ronald Reagan Elementary - Arrianna Martinez Abraham Lincoln -Elementary - Michelle Aguayo George Washington Charter Elementary - Lucy Rekuc Chief Moore thanked Mr. Lewis and the City Council for their continued partnership and support of the program. D. INFORMATIONAL QUARTERLY REPORT OF ACTIVITIES FROM THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION BY CITY OF PALM DESERT'S APPOINTED REPRESENTATIVE MR. ROLF HOEHN. Mr. Hoehn reported that over the last few years the airport, in collaboration with the Greater Palm Springs Convention & Visitors Bureau (CVB), has been working diligently on attracting new airlines to Palm Springs International Airport (PSP) while incentivizing current airlines to expand their service to new markets or increase frequencies. The other goal has been to extend services through the shoulder season, which will help to attract visitors to the Valley, both leisure and business travelers. To that end, the Commission is always trying to convince airlines to extend their services to start earlier and end later in the spring going toward the summer. He said all these efforts are starting to pay off in that year-to-date passenger traffic at the airport has increased by 9%, which is enormous. Every month there 4 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT has been an increase over the previous year, and it's unprecedented. The number of seats in 2018 has increased by 10%. These increases are putting the airport on track to reach the 2.2 million passengers a year in Palm Springs. He recalled a few years ago they were at 1.6 million passengers, so reaching the 2.2 million threshold is a tremendous achievement. To put it in perspective, Ontario Airport is reporting 5.5 million, but they have a much larger market. The following are the new markets and new services: • United Airlines is starting a daily flight from New York in December and it will run through March 30. • Jet Blue is a recent airline added to PSP to fly to John F. Kennedy Airport (JFK), and they are starting nonstop service to Boston twice a week from February to April. • Delta Airlines is restarting service to Atlanta, Georgia, which will be run daily from December 20 to January 2, then it will go to weekly until the end of March. • Flair Airlines, a new low-cost Canadian airline, will be starting service to Edmonton on December 16. • Air Canada will be starting service from Calgary, which is a west jet domain, from October 28 to the end of April. • Sun Country Airlines, which has been flying to and from Indianapolis, is now starting service from Portland and San Francisco from November to April. • Frontier Airlines is coming back with service twice weekly to Chicago. Additionally, PSP has airlines that are increasing frequencies, which is very attractive to business travelers, because they look for frequency in the schedule. The following airlines have increased frequencies: ► American Airlines added a second flight to Chicago. ► United Airlines increased frequencies from Denver, Houston, and Chicago. ► Delta Airlines added frequency to Salt Lake City. • Alaskan Airlines added frequency from Portland and Seattle. He went on to list airlines that have started their schedules earlier and ending their services later. He noted representatives from the airport and CVB attend the scheduling conferences for the various airlines in order to continue their efforts in improving services and adding new markets. One target market is Washington, D.C., which is important to business travelers. The Ticket Wing Modernization Project that has been written about in The Desert Sun is to be completed in 2020. Further, the design phase for the new car rental terminal has started and will be completed in 2020. When completed, it will trigger the expansion of the baggage area. Also, there is new seating being installed both at the concourse and the main terminal; it will be more stylish and comfortable. Lastly, the Food & Beverage and Gift Concession 5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT Agreement is expiring next year, and a new Request for Proposals (RFP) will be going out. This new RFP will specify consideration of local businesses as a concession at the airport to give it a local flair. It will be similar to what is seen at other airports throughout the Country. Councilmember Harnik thanked him for also chairing the Marketing Committee. Mayor Jonathan commented that the success and expansion of the airport are so critical to the success of the hospitality industry throughout the Valley, and the Commission was leaving no stone unturned. He extended his appreciation of all the efforts being made by the Commission and thanked Mr. Hoehn for coming to the meeting this evening to provide an oral report. Mr. Hoehn said he will pass on the compliment to the CVB, because they are extremely active in the air to service development sectors of the airport. IX. ORAL COMMUNICATIONS - B MR. ROB BALLEW, YMCA, provided a two -minute video of the Y Be Fit Challenge Event that was recently held at the Civic Center Park. He said the event was attended by more than 1,000 people where families of all ages participated. He noted Mayor Jonathan won the 5K run and City Manager Lauri Aylaian also took first in her division and thanked the City for being the Title Sponsor. He said this event helps kids locally in the Valley, and he believed Palm Desert was the healthiest city in the State, because it does such great work in providing a lot of activities for people. He went on to say that the Chairman of the event, Mr. John Lane, a former member of the Harlem Globe Trotters, ran a basketball clinic for hundreds of kids. The marines provided an obstacle course for the kids, and everyone had a great time. Further, he announced that the Golf Cart Parade was this Sunday, October 28, 2018, and the YMCA Hoe Down Event is November 3, 2018. MS. SARAH BRYANT, Desert Cancer Foundation (DCF), thanked the City Council for their support of the 12'h Annual Paint El Paseo Pink Event. She displayed a series of photographs of the event. There were more than 1,800 attendees, which was the largest group ever, and that included volunteers, sponsors, and merchants from El Paseo. It was important to mention the work of the Desert Cancer Foundation and why their work is so important to the community. From 2018 to present, they have served 184 local Valley residents that are going through cancer treatments, and they have paid approximately $350,000 for treatment -related services. However, the value of those services is over $6 million. Without the DCF, patients wouldn't be able to access their care or they would be highly in debt and likely facing medical bankruptcy. The DCF averages ten to twenty applications a month and that need continues to grow. They are providing a path for families and 6 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT individuals to continue with their cancer treatment to get well and be able to contribute back to the community. She thanked Mayor Jonathan for kicking off the Walk, stating everyone enjoyed hearing from him and seeing him participate in the event. She also thanked Councilmember Hamik for her support each year, and staff who has been incredible to work with. She invited everyone to the next events, Cork & Cuisine, which is coming up on November 10, 2018. MS. ELYSSA GOLDBERG, Owner of BG's El Paseo, thanked the City Council for their support of the Paint El Paseo Pink Event. She noted she has been a resident and a merchant for over 30 years, a committee member of Paint El Paseo Pink, and Board Member of the El Paseo Business Improvement District (BID). She also participated in the Envision Palm Desert and attended the study sessions on The Gibbs Study. She said the merchant's work hard to make all events successful, and this year they had over 50 merchants participate, which more than doubled compared to last year. She believed closing the street made a huge difference for the event, and it was beautiful to see. As a longtime board member of the El Paseo BID, she thanked Councilmember Hamik for attending all their early morning meetings and offering insight and sharing her knowledge. She also thanked Tourism & Marketing Manager Thomas Soule for his expertise, praising his ability to guide everyone on the board, because they can be challenging at times. She was grateful the City renewed the Courtesy Cart Agreement, because as a merchant, her customers appreciate having that service. Finally, she praised the City Council for it's vision and openness to move the City and El Paseo forward with The Envision Palm Desert and The Gibbs Study. She is encouraged and excited about the improvements that will be implemented that affect the future of El Paseo. Mayor Jonathan thanked Ms. Goldberg for being an involved resident and merchant, and for participating in the shaping of the community, which is greatly appreciated. MR. MICHAEL STEARNS, Coordinator of the Patriot Ride for Our Heroes Event, extended his appreciation of the City's support. The event had a total of 500 riders; 200 were local, 300 were from California, and 26 were from other states. He said eight States were represented, including Canada, with some from British Columbia. He provided a three -minute video of the Salute to Service portion of the event. He thanked the City Council for allowing them to use the Palm Desert Civic Center Park, stating it was a phenomenal setting, and Management Analyst Amy Lawrence made the process very smooth. To think they received City approval in August to put this event together in two months was amazing, adding it was a joy to work with City staff. 7 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT Mayor Jonathan said it was an amazing day with the beautiful weather. The event got started at sun up with the 500 flags already installed, and the giant one on the crane. He said it was such a moving experience, and it looked like the riders all had a great time; he looked forward to working together again in the future. MR. WALLY MELENDEZ expressed his concern over world events affecting the western hemisphere. He said the world is losing Nicaragua, Venezuela, and Bolivia, and questioned to whom. He asked who helped Cuba become a communist country, because supposedly the Russians are not communist any longer, even though they are ruled by a dictator. He said these countries that are less educated don't understand that dictators can come in and take over, and if they don't follow suit, they are assassinated. Dictators were able to accomplish this by taking away their guns, which is one of the reasons he likes the 2' Amendment of the United States Constitution. He said Americans have the greatest constitution in the world, but not a lot of thought is being given to what is happening in other parts of the world that is impacting the western hemisphere. MR. CARLOS SERRATOS, Gold Keepers Academy, said he has been teaching soccer in the Coachella Valley for over 30 years. He is a goal keeper (GK) and runs a soccer clinic focused on developing goal keeper skills for youth soccer players. He added that GK are often the forgotten players on the filed, but their role is very important. He said there is no room for his program at the Hovley Soccer Park and asked the City Council to help him find space. Mayor Jonathan said he thought the scheduling challenge had been resolved. He asked Mr. Serratos to leave his contact information so that staff can follow-up with him on this matter. X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY A. Councilmember Jan C. Harnik Committee Reports and General Comments. 1. The Greater Palm Springs Economic Summit - announced that this event will be held on Thursday, November 8, 2018, stating it will include great speakers and one of the topics is cyber security. She added that October is Cyber Security Awareness Month. 2. Recruitment for the Dean of the Cal State University, San Bemardino - Palm Desert Campus - reported the search continues and the Committee is moving forward. Responding to question, she said the goal is to have someone in place by February 1, 2019. 8 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT 3. 2018 Mobility 21 Summit - she attended the summit on October 19, 2018. The summit focused on transportation and how it connects to everything, whether it's housing, health, homelessness, etc. There were great sessions on autonomous vehicles and the reality of an autonomous transportation world. It should be noted that 94% of all accidents are due to human error, and last year almost 40,000 people were killed in automobile accidents, stating sometimes a machine can do it better. Something of interest to her was that when discussing millennial's, many believe they have a one -thought process. However, in a recent focus study, the number one thing millennial's want is to own a home, which was in conflict with what has been said about them for so long. 4. STREETVenue at Westfield Mall - announced that this event will take place on the rooftop of Westfield Mall on Saturday, November 7, 2018, at 5:00 p.m. B. Councilmember Kathleen Kelly Committee Reports and General Comments. 1. Memorial Service for Robert A. Spies_ el - the funeral services for former Councilmember Robert A. Spiegel will be Saturday, October 27, 2018, at 1:00 p.m. at St. Margaret's Episcopal Church on Highway 74. 2. Palm SDrinas Pride Parade - expressed delight in hearing the City of Palm Desert will again have an entry at the Pride Parade on November 4, 2018. She welcomed those who wish to join the Palm Desert Delegation. C. Councilmember Gina Nestande Committee Reports and General Comments. None D. Mayor Pro Tem Susan Marie Weber Meeting Summaries Report for the Period of October 1-14, 2018. With City Council concurrence, the Meeting Summaries Report was received and filed. 1. CaIPERS Educational Forum - attended the workshop held for Elected Officials in Indian Well on October 22-24, 2018. She couldn't thank the Finance Department enough for all the work it has to do to ensure employees' contributions are reported correctly and keeping up with the Actuary Reports. 9 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT E. Mayor Sabbv Jonathan Committee Reports and General Comments. 1. Continuum of Care Board of Governance Meeting - reported he attended this meeting on October 18 in Riverside. Funding priorities were set for the Homeless Emergency Aide Program (HEAP), for which this City declared an emergency. Just under $10 million will be available for Riverside County, and applications will be reviewed at the November 15, 2018, meeting. 2. Latino Film Festival aka Cinema Culturas - 2018 Coachella Valley Film Festival - happy to report the City is participating in this festival, and it kicks off Friday, October 26, 2018, at 4:00 p.m. F. City Council Requests for Action. 1. Pet Adoption Policy - Mayor Pro Tem Weber stated the City apparently didn't have a written policy for the adoption of animals, but it reimburses people when they adopt one from the Riverside County Animal Shelter. She said a lot of nonprofit organizations are saving the lives of these animals and adopting them out, so she would like staff to look into reimbursing those who adopt through a nonprofit. 2. Status Update of Lona-Term Proiects - Mayor Jonathan requested a brief status update on all Capital Improvement Projects like President's Plaza Parking Lot, Alessandro West, San Pablo Improvement Project, El Paseo, CV Link, etc. G. City Council Consideration of Travel Requests/Reports. None XI. STAFF REPORTS AND REMARKS A. City Manager 1. City Manager's Meeting Summaries Report for the Period of October 1-12, 2018. With City Council concurrence, the Meeting Summaries Report was received and filed. 2. Murals at Palm Desert Aquatic Center - the visiting artists from South America have completed the murals at the Aquatic Center. She said they are spectacular and encouraged everyone to stop by to check them out. 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 B. City Attorney None C. City Clerk DRAFT Ms. Klassen reminded everyone that the next City Council meeting is November 15, in lieu of the November 8 meeting, and it will be the only meeting for the month of November. D. Public Safety 1. Fire Department Chief Moore made the following two public announcements: 1) Message to Hikers - As the beautiful weather is approaching, many more people want to hike the trails. He urged hikers to carry plenty of water, and be aware of their location and limitations. He said hikers should utilize their phones and have them fully charged, because they can be used to assist the Fire Department in locating them by foot or by specialized equipment. 2) The Santa Ana Season - With winds anticipated in the near future, he encouraged everyone to make sure their vehicles are maintained by having those specialized catalytic converters and things like that in check, ensuring they are not driving those vehicles on the road igniting fires. He advised that everyone keeps good caution when having camp fires outside, because when winds are blowing, they have the potential to blow ambers into a receptive fuel bed making a fire burn very fast. 2. Police Department None 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT XII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 11, 2018. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 9/28/2018, 10/5/2018, 10/8/2018, and 10/12/2018. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrant Dated 10/5/2018 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. HOTEL AND SIGNATURE EVENTS COMMITTEE Meeting Minutes for October 4, 2017, and April 4, 2018. Rec: Receive and file. E. LETTER OF RESIGNATION from Stanley Sperling - Audit, Investment & Finance Committee. Rec: Receive with very sincere regret. F. RESOLUTION NO. 2018 - 77 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Paper Records from the Department of Community Development/Planning, as Indicated on the Records Retention Schedule (Adopted September 28, 2017) — Sign Permits Dated 1979 through 1987 (Exhibit "A"). Rec: Waive further reading and adopt. G. REQUEST FOR AUTHORIZATION to Designate Various Police Department Specialized Equipment as Surplus and Mark for Disposal. Rec: By Minute Motion, authorize the designation of various Police Department specialized equipment, indicated in the accompanying staff report, as surplus and mark for disposal. 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT H. REQUEST FOR APPROVAL of the 2018 Rotary Family Holiday Fiesta Scheduled for Saturday, December 8, in Civic Center Park (Contract No. C37500). Removed for separate consideration under Section XIII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. I. INFORMATIONAL REPORT - Crime Statistics Five -Year Analysis. Removed for separate consideration under Section XIII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Mayor Jonathan requested Items H and I be removed for separate consideration. Upon motion by Harnik, second by Nestande, and 5-0 vote of the City Council (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the remainder of the Consent Calendar was approved as presented. XIII. CONSENT ITEMS HELD OVER H. REQUEST FOR APPROVAL of the 2018 Rotary Family Holiday Fiesta Scheduled for Saturday, December 8, in Civic Center Park (Contract No. C37770). Mayor Jonathan said he saw some of the literature for the event and since the City is the sponsor for almost half the budget, he hopes there is explicit understanding that the name "City of Palm Desert" will be featured in all marketing material. His preference would be that it be called "Rotary Family Holiday Fiesta in Palm Desert," or something along those lines. Councilmember Nestande agreed, stating the City should be promoted as much as possible, especially if its financially helping out. Management Analyst Johnny Terfehr replied he will pass the suggestion on to the Rotary, adding its one of the First Weekend Events. Mayor Jonathan commented that if there is lack of agreement in adding Palm Desert to the name of the event, the item needs to be brought back to the City Council for discussion. Councilmember Harnik moved to, by Minute Motion, approve/authorize: 1) 2018 Rotary Family Holiday Fiesta scheduled for Saturday, December 8; 2) temporary waiver of Palm Desert Municipal Code (PDMC) Sections: a) 11.01.140 - Amplified Sound in City 13 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT Parks; b) 11.01.080(0) - Placement of Advertising Signage in City Parks; c) 11.01.080(Q) - Vendor Sales in City Parks; d) 11.01.080(W) - Possession/Consumption of Alcohol in City Parks, pursuant to PDMC 9.58.040 — City Manager is authorized to approve a sponsorship in the amount of $5,000 to defray some of the associated costs - funds are available in City -Sponsored Events Account No. 1104416-4306201, subject to adding "Palm Desert" to the name of the event. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Hamik, Kelly, Nestande, Weber, and Jonathan; NOES: None). I. INFORMATIONAL REPORT - Crime Statistics Five -Year Analysis. Mayor Jonathan said he appreciated the information, because it's very useful. However, he felt the data would be more relevant if it was stated on a per 1,000 resident basis for each of the cities. It's one thing to say Palm Desert had 91 crimes and Cathedral City had 137, and it's another thing to translate that into per 1,000 residents, which gives a greater ability to compare apples to apples. If it's not asking too much, he recommended staff provide the same data based on 1,000 residents, which he believes would be very useful. Mr. Aryan agreed. Councilmember Harnik moved to, receive and file the Crime Statistics Five -Year Analysis Report, with future staff reports to analyze per 1,000 residents. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Hamik, Kelly, Nestande, Weber, and Jonathan; NOES: None). XIV. RESOLUTIONS A. RESOLUTION NO. 2018 - 78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING RESOLUTION NO. 2017-69, AND ADOPTING A RECORDS RETENTION SCHEDULE AND AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS FOR THE CITY OF PALM DESERT. Ms. Klassen stated that in 2015, staff embarked on a first Citywide comprehensive retention schedule. It's an ongoing process in that there are legal and case law changes, and other internal modifications such as departments and programs, and they were recognized in the City's retention schedule in order to adequately manage those records. The proposed Resolution represents the most current update. Councilmember Hamik moved to waive further reading and adopt Resolution No. 2018 - 78. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None) 14 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 XV. ORDINANCES A. For Introduction: None B. For Adoption: None XVI. NEW BUSINESS DRAFT A. REQUEST FOR APPROVAL OF FINAL ADJUSTMENTS TO THE FISCAL YEAR 2017-2018 BUDGET AND FOR AUTHORIZATION OF RELATED EXPENDITURES FOR THE FISCAL YEAR 2018-2019 BUDGET. Assistant Finance Director Luis Espinoza stated the Finance Department is bringing forward four recommendations. Recommendation No. 1 is to approve, what he calls, "Year-end Cleanup of revenue and expenditures." The City received $60.9 million in revenue and $54.5 million is for expenditures; the numbers include transfers in and out and providing an excess of $6.4 million in revenue over expenditures. He said those are audited numbers, but he is confident those will be the final numbers. He called attention to Exhibit A of the staff report, listing the items recommended for an increase and what is being proposed to be decreased in the expenditure side. There are some expenditures that staff wants to have increased, but they only total to about $387,000. Recommendation No. 2 relates to the $6.4 million surplus, and staff is requesting authorization and appropriation of an expenditure of $2 million to payoff some of the City's CaIPERS liability, which will report about $38.9 million for Fiscal Year 2018. He believed the City had about $3 million to be paid off for 2018-2019, and this additional $2 million. Recommendation No. 3 is to authorize and appropriate $1 million to the Other Post -Employment Benefits (OPEB) liability. This is the first year the Governmental Accounting Standards Board (GASB) had a pronouncement that the same way the City reported its pension liabilities, it also has to report its OPEB liabilities. The City has been doing a great job of keeping that OPEB Liability down, adding that $4.2 million may sound like a lot, but it's not. In actuality, the City has already made a payment for the coming year, so the City is going to move that down to about $2 million, and if the City makes this additional payment, it might have it paid off. Additionally, the City has about $1 million in a different fund, but GASB doesn't allow the City to account for it unless it's in a trust fund. Recommendation No. 4 has to do with a previously approved item back in 2017-2018. This particular item was an oversight on his part where the City purchased land, but the appropriation wasn't carried over. 15 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 D RA F T Councilmember Nestande inquired about Recommendation No. 2, questioning if CaIPERS rate of retum will remain at 7% or will it be going down. Further asking what percentage did the City need to be at in order to be financially stable, because the liability is currently at 69%, but will slide down to 67% once the advance payment is made. Mr. Espinoza explained the City made one additional payment last year in the amount of $1.7 million and making this additional $2 million payment will hopefully keep Palm Desert in that 69% coverage. He personally is very comfortable with where the City stands, especially with the number of staff it has, stating that a $38 million liability is quite good. Councilmember Nestande asked how Palm Desert ranked compared to other cities in California. Mr. Espinoza replied he didn't have that data with him, but he will follow up by providing it to the City Council. He asked Mayor Pro Tem Weber if ranking was discussed at the CaIPERS forum she attended. Mayor Pro Tem Weber answered no, stating an overview was provided, but it showed how hard the Finance Department worked to keep up with all that is required. The forum drew attention to the laws coming down the pike that will affect CaIPERS with different cities joining joint powers. Councilmember Kelly said she was very satisfied with the recommendations, but she had a couple of questions with regard to the math. In the first paragraph of the Background Analysis, it indicates the City is expecting a surplus of $6.4 million, and she's confused because the figures for the revenue and appropriation adjustments, in combination, to connote a little bit more funds. Mr. Espinoza said it was an excellent question, because staff is requesting to increase budgeted revenues, not actual revenues, and increase or decrease budgeted expenditures. He explained the General Fund has a blatherer of departments, and if staff made adjustments to every single department he would have a two -page list. Therefore, staff addressed mainly the big amounts, for example, it made a $1.4 million adjustment for police services. He explained that staff took the approach of making those types of consideration for amounts over $100,000 and not so much for those under $50,000, which he felt made more sense. Councilmember Kelly said she understood now that Council was considering adjustment of major items and not each and every item, therefore, she would guess its within appropriations that the totality of those adjustments would account for this difference. 16 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT Mr. Espinoza agreed, stating that if by a miracle the budgeted revenues matched the estimated expenditures, it's because the top ones are the ones that needed adjusting, and the small dollar amounts didn't add up to the expenditure ones. Councilmember Kelly commented that if things shake out as expected and if Council approves the proposed recommendations, there will probably be a surplus around $1 million or less. Mr. Espinoza said it would be about $714,000. Further responding, he confirmed it would then become part of the reserves. MayorJonathan said he spent a lot of time trying to understand the CaIPERS calculations, but he came to the conclusion that it's a black hole. It seems sometimes the City puts in millions and then the liability seems to rise. He understood it had to do with growth assumptions, etc., but he didn't want to start that discussion this evening. He does want staff to focus on whether the City is throwing good money after bad money, in other words, is paying $3 million toward CaIPERS a wise investment. When staff does answer the question, he would like staff to contrast the answer against some of the other options. For example, staff very wisely said let's take $2.6 million and follow through with the purchase of the land. He noted the City has projects coming up on El Paseo and San Pablo, but it no longer has Redevelopment Funds, which previously would have funded those projects. He asked if the City was better off considering alternative uses for that $3 million that can help the City move forward or has staff considered them already and felt this was the best use. Ms. Moore responded that staff does look at the five-year goals and Council's direction with regards to Capital Improvement Projects (CIP) to ensure they are based on what is currently known. If there are CIPs that are not funded or are in the discussion phase, they are not considered. With regard to the CaIPERS issue, staff attended a three-day conference where helpful information was provided. She understood the comment about the "black hole," and one of the concerns is the reduction in the discount rate. When CaIPERS reduced the discount rate, the City's Unfunded Liability went up. The concern, as a City, is that if it doesn't make mitigating adjustments now, future contributions could be higher and the City may not be able to make payments on an annual basis. By making advance payments when the opportunity exists, then there is an ability to fund some of those projects Council wants to move forward with, because it won't be paying a significant amount more in retirement contributions. She acknowledged that the liability went up when the discount rate was reduced, however, by having made the payments, the City was able to achieve some stabilization to that amount as opposed to seeing a huge jump. Staff is still seeing the effects, because CaIPERS hasn't reduced that rate to 7%, and she is mindful of the projects 17 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT Council wants to consider, but ultimately Council can direct staff however it sees fit. This was a recommendation by staff, because it has another two years to balance the rate from 71/2% to 7%. Although CaIPERS will never say they will reduce the discount rate further, there was at least a couple of discussions that indicated they are not willing to say they won't, because they are looking at the returns. She noted the City's interest earnings are very small because it's very restricted in its investments, however, CaIPERS has a wider range of investments, which is why their Return On Investment (ROI) is fairly higher than the City's. Mayor Jonathan appreciated the explanation, stating it was informative and persuasive. Councilmember Harnik moved to: 1) Waive further reading and adopt Resolution No. 2018 - 79, authorizing the FY 2017-2018 final year-end budget adjustments to revenues and expenditures; 2) by Minute Motion: a) Authorize and appropriate an expenditure of $2,000,000 for an additional payment to CaIPERS for FY 2018-2019 to reduce the City's unfunded liability; b) authorize and appropriate an expenditure of $1,000,000 for an additional payment to the City's CaIPERS Califomia Employers' Retiree Benefit Trust (CERBT) account to reduce the City's Other Post -Employment Benefits (OPEB); c) appropriate $2,670,000 from the General Fund Unobligated Fund Balance for the purchase of land that was approved in FY 2017-2018. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). B. REQUEST FOR APPROVAL OF AN UNCLAIMED MONIES POLICY FOR THE CITY OF PALM DESERT. Ms. Moore stated staff is requesting Council authorize an unclaimed money policy. This is primarily for uncashed checks, which is for a very small amount, but it's on the books. Staff is very good about keeping up with the current checks, but some of these uncashed checks are old and staff want to take the opportunity to follow Government Code Section 50050 and adopt a policy to be able to write them off the books. Councilmember Harnik moved to: 1) Waive further reading and adopt Resolution No. 2018 - 80, adopting a policy for unclaimed monies; 2) by Minute Motion, authorize the Director of Finance to transfer all unclaimed monies, after proper notice, to the General Fund, according to Govemment Code Section 50050 to 50057. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). 18 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT C. REQUEST FOR APPROVAL OF THE REPLACEMENT OF THE COVE COMMUNITIES COMMISSION LADDER TRUCK NO. 33. Mr. Aryan stated staff wished to move forward with the purchase of a new Ladder Truck to replace the current 15-year-old Ladder Truck No. 33 a.k.a. Big Bertha. It serves the Cove Communities of Palm Desert, Rancho Mirage, and Indian Wells. The good news is the Fire Department wished to put this vehicle into Reserve Status when the new vehicle arrives. A new ladder truck is estimated at $1.3 million, which will be split among the three cities. Within his fiscal analysis he indicated that it's based on the Cove Communities formula, but it's actually based on a modified version of the Cove formula. Therefore, while 50% of the cost will be shared equally, the other 50% is based on the cities population instead of using the preceding year's number of call runs, which actually benefits Palm Desert. It takes about 15 months to build the vehicle, which is why staff is not asking for a budget adjustment at this time. When additional information is available on the purchase and delivery, staff will return for approval of any necessary budget. The Cove Commission has approved the recommendation of this item to each city's respective city council. He noted this item went before Palm Desert's Public Safety Commission in October, and they recommended approval. He introduced Battalion Chief White who was the former Truck Captain of Truck 33. Battalion Chief White offered to provide a brief background presentation on Truck 33 and its replacement cycle. Truck 33 is an apparatus that was purchased in 2003; it's currently 15-years-old. The National Fire Protection Association (NFPA) recommends a life span of 20 years. The NFPA recommends 10 years as a first -role apparatus, and 10 years of reserve. Truck 33 is currently in it's fifth year of its reserve status and it's still being used as a first -role piece of equipment. It has more than 100,000 miles and has responded to over 20,000 calls for service and 13,000 of those have been to fire. Over the past 1 1 years it has spent over 150 days in the shop and out -of -service for various repair items. As already mentioned, Truck 33 is split funded between the three Cove Community cities. There is a myriad of issues growing with the truck, and the most important ones to address is the crack to the frame, repairs to the ladder itself, replacement of the hydraulic lines, major repairs to the electrical system, broken Axel and Drive Trains, the hydraulic pump and the PTO (power take off), which is the heart of the truck that moves the hydraulics to move the ariel itself. It also provides power to the steering. Most recently, the mainframe was rebuilt. Truck 33 is also the technical rescue specialist. Many people ask about the size of the vehicle, questioning why it's so big, well not only does it have the ladder on top, but it has a large compartment space. It carries the advance vehicle extraction module, and obviously the big ladder on top is the most notable piece. While it's true there are not many tall buildings in the Valley, they do deal with setbacks. This truck not only provides vertical reach because of 19 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT the ladder, but it also affords them with setbacks where the truck can be set further back and still reach the roof line. Further, it's also a Water Rescue Specialists, stating the truck carries eight technical rescue bags, so when there are monsoons, thunder storms, or micro burst, they are equipped and trained to perform various types of rescues in the water. He provided a brief video of the old truck demonstrating how difficult and hard is to maneuver, causing delays in their response time. With the Tractor -Drawn Aerial they can turn 360 degrees, it can be driven in a circle, and is faster to set up. It is highly maneuverable, similar to a long -bed pickup truck. The way the ladder is configured in the back, it has a torque box underneath it, which is the strength that allows to fly the ladder. The TDA is at 100 feet at its max extension, and it can be set up in two minutes; it has a smaller footprint and weighs Tess. The biggest advantage to the Tractor -Drawn Aerial is the great visibility provided by the Tiller Operator, which sits up eight to ten feet above the apparatus and can see miles ahead of what the operator can see. The length of the apparatus is approximately 56-feet long and there is training for the apparatus operator. The Tiller Operator is required to attend a week-long training course. Therefore, you essentially have two qualified operators versus just the one. The current value of Truck 33 is approximately $100,000 if it were to go to auction. However, it's not available for resale in California because of it's pre -emissions on the caterpillar engine. There is more value in keeping Truck 33 as a second role vehicle. The Truck has served the City well, but its getting tired. When it's out -of -service, staff scrambles to find a reserve and it's very difficult to do. The goal is to replace Truck 33 and place it into reserve status. A new Tractor -Drawn Aerial will cost approximately $1.3 million on the high -end, and it will take 15 months from the time of purchase to delivery, because they are all custom built. The quint base price is $900,000 and it would require a special spec., requiring a rear -steer apparatus; it's new technology that hasn't yet been perfected. The cities of Palm Springs, Anaheim, and a few others, are running the rear steer, which is a computer instead of a human. Anytime humans are replaced with computers, there are glitches, and it's not yet a safe and reliable vehicle. By upgrading the ladder and including the rear steer, the cost is about $1.1 million for the quint apparatus. Responding to question, he said Truck 33 will be housed at the Roy Wilson Fire Station in Thousand Palms. It fits at Station 50 in Rancho Mirage as well, but there are plans to put the reserve ambulances there. Responding to the list of repairs mentioned, he confirmed they have been repaired and it's safe to drive, but it's just getting tired. He said it would be far better to keep it in reserve status and not having it run ten to fifteen calls a day. Mayor Jonathan noted he had a million questions, but they were answered by Chief White at the Cove Commission meeting. Councilmember Nestande concurred, stating she attended that meeting as well. 20 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT Councilmember Kelly moved to, by Minute Motion, authorize Cal -Fire to: 1) Move forward with the replacement of Ladder Truck No. 33 with a new Tractor -Drawn Aerial; 2) place the current Ladder Truck No. 33 into reserve status when the new ladder truck is placed into service. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Hamik, Kelly, Nestande, Weber, and Jonathan; NOES: None). Mayor Jonathan thanked Chief White for his service, stating the City Council is happy to provide the Department with the tools needed to carry out their duties. Mayor Jonathan called a short recess at 5:5 p.m. He resumed the meeting at 6:02 p.m. D. REQUEST FOR APPROVAL OF THE CITY'S UTILITY UNDERGROUNDING IMPLEMENTATION PLAN. Project Manager Ryan Gayler stated the Undergrounding Master Plan was completed in March of this year. The Plan provided a lot of information regarding where overhead utilities are located and explored a lot of options with regard to how to finance the undergrounding of those lines. However, the Master Plan provided so much information that it was necessary to identify steps to officially complete the goals set forth within the Master Plan. The Implementation Plan is divided into two processes, depending upon who initiates the project. Projects initiated by the City would have to be of general benefit. Meaning the lines are located on arterial streets or near a park or view corridor. About 1/3 of the undergrounding for Palm Desert is located in areas of general benefit. The remaining overhead of utilities must be part of a resident initiated project, and is located primarily within neighborhoods. The Implementation Plan sets up a list of items to be addressed whether it's by staff, consultant, the City Attorney, or City Council. Decisions needing to be made are detailed in the Implementation Plan. The action before the City Council is to adopt the Implementation Plan and authorize the City to go out for Request for Proposals (RFP) to contract with an undergrounding consultant to assist with some of the more complex issues that need to be tackled as part of the undergrounding effort. Councilmember Kelly said she has a big picture question that applies to both City and resident initiated projects. In both areas, there is an early step of surveying residents to gauge interest and then there is a later step estimating cost. The sequencing struck her as backwards, because the average person wants to know costs before they determine they're level of interest. In fact, all the residents who have approached her about this issue want to talk about the cost. She asked if it was practical, in both categories, to flip the sequence, so that staff can accomplish some preliminary costs before the City starts to survey people. Otherwise, the survey isn't really reliable. 21 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT Mr. Gayler explained staff would need to get an initial idea of where the interest is without the cost estimate. Because the process includes so many variables, staff can give a range. However, the City Council has to make decisions on the areas it desires to underground before staff can even come up with an estimate, and that's with regard to City initiated projects. With residential projects, again because there are so many variable, staff can come up with a range. What staff was thinking about in this outreach to gauge interest, is to send out a survey that might have a range of cost estimates for residents to consider. For example, one question could be: "If the undergrounding was about "X amount per parcel, are you interested?" The survey could be presented in tiers to see where interest drops off and gather information based on those results. Further on down the process, staff can obtain a better estimate, and at that point, another survey can be conducted with the new information to see what kind of response the City gets. Councilmember Kelly replied she could see that model work. The other questions also pertain to sequencing. Under City initiated projects, a couple of steps after forming the estimate of expected taxes, staff included an attempt to purchase Rule 20A credits from other cities. One of the things she learned at the recent League of California Cities (LOCC) meeting, is that quite a lot of cities are having success purchasing these credits. Her first impression in looking at this, is that it would be useful for that step to happen sooner, since it's a key ingredient that informs potential cost and also creates those connections toward future purchases. Mr. Gayler agreed, stating he liked the idea of purchasing the credits sooner rather than later. Under the category "Responsible Party," there is a stream of four items and it lists for a consultant, stating a lot of that work can be done simultaneously. Therefore, purchasing credits should be one of the earlier things to accomplish. Councilmember Kelly asked if staff found flexibility in the Plan as proposed. Mr. Gayler answered yes. Councilmember Harnik stated that when talking about purchasing credits, one of the things that concerned her is that she saw her neighbor sell their credits elsewhere, and it's happening more and more. She's asked if staff has determined what is the trigger to go buy those credits or should it be accumulating credits in advance. Mr. Gayler replied it was a good idea to accumulate credits as soon as possible, because there are cities actively looking around for any available credits and snapping them up, which is money that is lost to Palm Desert. 22 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT Councilmember Kelly agreed, stating that perhaps in the deliberating phase Council can make that clear. Further, under the City initiated projects, the second step is to establish City policies about contributions to 20B Projects. She said on page 59 of the Utility Undergrounding Master Plan, it gives a variety of things the City could do to facilitate formation of districts apart from simply writing a check. It's sort of operational options, and for clarity, she questioned if this step was intended to include all of those as possibilities the City would be looking at to consider. Mr. Gayler believed the intent of the Master Plan was for all those listed on page 59 to be options for Palm Desert. Councilmember Kelly added she understood the City was not at the point of deciding whether any of those options are practical or appropriate as a matter of policy, stating they are just ideas that would be in the discussion. Mayor Jonathan commented that it seemed to him, as the City went through this multi -year process, the Plan gets distilled into three basic categories as described. He won't touch upon Rule 20C, because that's standard. It applies to new development and developers are going to pay for undergrounding utilities. However, 20A refers to arterial roadways and public areas, parks, etc., City initiated projects. And these projects will be paid by various options, including the current credits, which are next to nothing, and/or purchasing credits, hopefully at 50% of cost, but it's still a long way to go. Then you look at financing options, whether it's the EIFD, Utility User Tax, and so forth. The third category, which is the most relevant to residents is those pesky, utility lines that are typically on residential streets that particularly go across their front and back lawns to bring the power into their homes. He asked that if Council approves the Implementation Plan this evening, what is the next step. In particular with Rule 20B, is the City going to hire a consultant and what is the timing for moving forward. Mr. Gayler said the next major step is to get a consultant on board to educate the public, indicating that the City Council is supporting their efforts to create these districts. Some of the earlier steps are important, but they are not major ones. The first major step is to get a consultant on board to push this down the field. Mayor Jonathan asked if Council will have an opportunity to shape the consultant's role. Because the old way is incredibly laborious, time consuming, lengthy, inefficient, and undependable, and you still don't know where you stand. He noted Merilee Colton, who is sitting in the audience, has been going through that process. Would Council be able to shape the role of the consultant such that it draws on the experiences of those who have been there and done that, to make the approach more effective. Will Council be able to work with the consultant to do outreach so that 23 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT neighborhoods are aware of this available option. He would like the consultant to produce a step by step brochure and perhaps creating a staff liaison that can assist in going to neighborhood meetings. Mr. Gayler said absolutely, because that is what staff is looking for. Staff wants to make it easier and to create something that Council likes as well. At the front end, for the Request for Proposals, staff can indicate exactly what it wants. Mayor Jonathan said he was bringing it up, because if it becomes a priority for this Council, he would like to make that process more effective at the front end rather than realizing it after the RFP process. He hoped this Council can give staff an idea of what it expects from the consultant and it has an opportunity to make that process more effective. The second question relates to residents who are willing to take on the cost for forming these neighborhood districts. There have been discussions about the City's participation in that overall cost, and Council has talked about options such as the City paying part or full for the undergrounding of the street itself and the homeowner would be responsible from the street to the home. He asked if the City's participation in the cost, with regard to neighborhood districts (Rule 20B) has been addressed. Mr. Gayler explained that was a future step and it's a conversation between the City Attorney, staff, and City Council. Responding to question, he confirmed it didn't need to be addressed at this time in order to move the ball forward. Councilmember Nestande stated that in terms of Rule 20B and neighborhood outreach, she would like to identify exactly how the City is going to reach the neighbors beyond having something in the BrightSide Newsletter, adding that multiple approaches would be needed. She said the consultant should provide a marketing plan to reach the residents, which would be one important thing she would like to see. Councilmember Kelly expressed her appreciation of staffs work, and for responding with clarity to her questions, because it resolved her concerns. She encouraged Council to embrace this as a general working document that points to future occasions where Council will have the opportunity to hammer out specifics, such as policy consideration on how the City will spur use of districts, what portion of the cost the City might be able to bear, or what other supportive actions the City might be able to take. She believed Council needed to get the consultant on board to progress with those specifics, such as how the survey program can be as comprehensive as possible. She was prepared to embrace the recommendations this evening with the sole clarification that Council would like to see the consultant examine initially the possible prudence of starting to buy those credits from 24 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT other cities. As Councilmember Hamik pointed out, it's heartbreaking to see that Indian Wells is dancing with other cities when were so close bye. Responding to question, she said her expectation is that the consultant would guide the process. Mayor Pro Tem Weber agreed with Mayor Jonathan that the City Council wants to guide the consultant so that everyone is on the same path, because this has been a very complex with homeowners themselves are going door to door to get signatures and so forth. Plus, sometimes people are not home, and she's not sure they are reading the BrightSide Newsletter, so it has been difficult to reach residents. Further, even though many say they want to underground their home and they are okay with the cost, it still comes down to having to vote on this one process. Therefore, getting the consultant on board to not only help with the survey, but to look at the end product as well, which she felt will be very valuable. However, she didn't think $50,000 would be enough for what is entailed and the number of neighborhoods involved. Mayor Jonathan agreed with everything that has been said, including Councilmember Kelly's comments, in that he too is equally eager to embrace the recommendations to move this forward. However, he wants to make sure the proposals received from interested consultants reflect the vision and priorities of the City Council for how to move forward. Ms. Aylaian offered that staff will prepare a Request for Proposals (RFP) for City Council review before issuing, because it's obvious a number of Councilmembers have specific concerns, and she wants to make sure they are included in the RFP. Mayor Jonathan stated that in terms of guidance, besides the ones heard on the Rule 20A credits and so forth, he believed the City will be most effective, in the next 10 to 20 years, if it took an active role in facilitating the 20B process for resident initiated undergrounding. He understood Council had decisions to make about the exact way to do the City's participation, if any, funding, etc., but he would like the consultant to come up with a process that is effective with the City taking the initiative to do so. Councilmember Kelly moved to, by Minute Motion: 1) Approve and adopt the Utility Undergrounding Implementation Plan; 2) authorize staff to issue a request for proposals (RFP) for the professional services detailed in the Utility Undergrounding Implementation Plan (Contract No. C37780), with the understanding that the City Council will review the draft Request for Proposals (RFP). Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). 25 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 XVII. CONTINUED BUSINESS None XVIII. OLD BUSINESS None XIX. PUBLIC HEARINGS DRAFT A. REQUEST FOR APPROVAL OF THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2018 NEXUS STUDY REPORT INCREASING THE APPLICABLE TUMF AMOUNTS; AND FOR AMENDMENT OF PALM DESERT MUNICIPAL CODE (PDMC) CHAPTER 3.44 - TRANSPORTATION UNIFORM MITIGATION FEE - TO REFLECT CHANGES IN THE REGULATION ADOPTED BY THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG). Principal Planner Eric Ceja stated that the proposed Amendments to the Palm Desert Municipal Code (PDMC) reference the Transportation Uniform Mitigation Fee (TUMF). The Uniform Mitigation Fee was adopted by Coachella Valley Association of Governments (CVAG) in the late 1980's and also by the City. It is a financing mechanism to support transportation projects throughout the Coachella Valley. Since the Ordinance was adopted in the 1980's, periodic maintenance of that Ordinance is required, as well as updates to the fee itself. CVAG embarked on a three-year study looking at a Nexus Study to review the fee. Ultimately, CVAG Executive Committee adopted a revised fee structure this past April, which is part of Council's review today. Staff is requesting the City Council adopt the Resolution adopting the fee study as well as the increase in that fee. The fee was studied for three years, and it had input from the building industry. It was adopted by CVAG Executive Committee and other cities throughout the Coachella Valley. In addition to adopting the Resolution on the Nexus Study, the City also needs to make changes to the PDMC that references the TUMF. Therefore, Staff is asking Council to adopt the Ordinance and pass to second reading. He noted Jim Sullivan with CVAG was also available to answer questions. Councilmember Harnik noted she served on the Executive Committee for that three-year process, and it was arduous. She pointed out the process was very complex, and the document was broken out to subcategories, and significant changes were made to the TUMF Schedule, but they were able to produce a simplified document that is user-friendly, so this was not just about a simple fee increase. 26 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2018 DRAFT Mayor Jonathan declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, he declared the public hearing closed. Councilmember Kelly commended Councilmember Harnik and Mayor Jonathan for their participation in the shaping of the document, because it's a beautiful piece of work. It struck her that it's government at its best in fully testing all assumptions and explaining the basis for the conclusions reached. It allows her, as an elected official, to feel confident in speaking with those who are affected by the fee. She added the fees are fair and reasonable, and very well justified. Mayor Jonathan added that the initial report commissioned by CVAG suggested a fee of $751,000, and in working with the stakeholders, particularly with developers working in the development world, the adopted fee is $245,000 per trip, which is a modest increase considering the last one was done 12 years ago. Also, the Executive Committee, appropriately, agreed to remove certain exemptions. The idea was to remove exemptions for those entities that does in fact create a burden on roadways, including schools and public facilities, etc. As Councilmember Hamik stated, this was not just about approving a fee, because a lot of good has been accomplished. Councilemember Nestande, moved to: 1) Waive further reading and: a) Adopt Resolution No. 2018 - 81, approving the TUMF 2018 Nexus Study Report, increasing the applicable TUMF amounts to $245 per trip; b) pass Ordinance No. 1342 to second reading, approving amendments to Palm Desert Municipal Code Chapter 3.44 - TUMF. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Hamik, Kelly, Nestande, Weber, and Jonathan; NOES: None). XX. ADJOURNMENT With concurrence of the entire City Council, Mayor Jonathan adjourned today's meeting in memory of former Councilmember Robert A. Spiegel at 6:35 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA SABBY JONATHAN, MAYOR 27