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HomeMy WebLinkAboutPrelim - CC - 03-09-2017DRAFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 9, 2017 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Harnik convened the meeting at 3:00 p.m. II. ROLL CALL Present: Mayor Pro Tem Jonathan Councilmember Kathleen Kelly Councilmember Gina Nestande Councilmember Susan Marie Weber Mayor Jan C. Harnik Also Present: Lauri Aylaian, City Manager Robert W. Hargreaves, City Attorney Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Ryan Stendell, Director of Community Development Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Finance/City Treasurer Lori Carney, Director of Human Resources Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Eddy Moore, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire John David W. Teets, Chief, Palm Desert Police/Riverside Co. Sheriffs Department Lt. Coby Webb, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 73341 San Benito Circle (APN 624-092-049), Palm Desert Negotiating Parties: Agency: Lauri Aylaian/Rudy P. Acosta/Martin Alvarez/ City of Palm Desert Property Owner: Historical Society of Palm Desert Under Negotiation: x Price x Terms of Payment 2) Property: Desert Willow Lot Pads - APNs 620-450-012, -014; 620-450-016, -018, -020; 620-370-002, -004, -017, -018, -020, -033, -043; 620-400-025, and -026 Negotiating Parties: Agency: Lauri Aylaian/Rudy P. Acosta/ Martin Alvarez/City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency 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 With City Council concurrence, Mayor Harnik adjourned the meeting to Closed Session of the City Council and Successor Agency at 3:01 p.m. She reconvened the meeting at 4:01 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Hargreaves reported that direction was given, but no reportable action was taken. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Palm Desert Charter Middle School ASB Member VII. INVOCATION - Councilmember Kathleen Kelly 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 VIII. AWARDS AND PRESENTATIONS A. PRESENTATION OF THE PRESIDENT'S 2016 VOLUNTEER SERVICE AWARD - GOLD TO THE PALM DESERT CITIZENS ON PATROL PROGRAM. On behalf of the entire City Council, Mayor Harnik presented the framed 2016 President's Citizens on Patrol (COPS) Service Award to Lt. Mary Lasorsa and Sgt. Dan Oliver. She said this was a service award given for volunteer hours. The Gold Award is presented to those who volunteer 500 hours or more, and the Silver Award is for those who volunteer more than 250 hours. Additionally, they received a letter from then President Barack Obama extending his congratulations and in the closing paragraph it states, "While government can open more opportunities for us to serve our communities, it is up to each of us to seize those opportunities. Thank you for your devotion to service and for doing all you can to shape a better tomorrow for our great Nation." She added that these volunteers give of their time to the community and you see them at the parks and City events. The following are the Silver Award members and their hours: Sgt. Stan Thomas - 413 Jaime Acevedo - 379 Earle Wolfe - 374 Renee Standhardt - 362 Gary Weinberger - 339 Dennis Mulkey - 305 Mike Andelson - 290 The following are the Gold Award members and their hours: Sgt. Dan Oliver - 1636 Lt. Mary Lasorsa - 1629 Sgt. Jeff Alley - 1030 Sgt. Dave MacFarlane - 844 Cpt. Saul Roisentul - 816 IX. ORAL COMMUNICATIONS - B Sgt. Gerard Romanet - 795 Hal Kahan - 647 Steve Miller - 639 Lynn Bell - 530 MR. JEB BONNER, Deputy Director of the Palm Springs Art Museum, stated one of his duties is to oversee the Art Museum in Palm Desert, The Galen, and the Faye Sarkowsky Sculpture Garden. He said this weekend marks the 5th Anniversary of the opening of their programming in Palm Desert, and he came to this meeting to share that milestone. The facility was now approaching 55,000 visitors annually, and thousands more to the multi -sensory gardens. He expressed his appreciation of the partnership with the City of Palm Desert and for the recent cooperation it received with the Art of Shopping Event; it was one of their most successful fundraisers. Recently, Arlene Amick who has overseen the opening and growth of the 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 facility has been promoted to Director of Audience Engagement and Communications for the entire Museum. He introduced Thomas Wootan who has been promoted to General Manager of the Palm Springs Art Museum in Palm Desert, taking over many of Arlene's duties. He provided the City Council with a copy of their current Museum magazine along with an invitation to the opening of their next exhibition "Journeys of the Heart" by Pat Lasch on Tuesday, March 28, 2017. MS. KATHERINE HOUGH, Chief Curator at the Palm Springs Art Museum in Palm Desert, stated she also enjoyed being a member of the Art In Public Places Commission. She announced Pat Lasch, "Journeys of the Heart," is a brand-new exhibition at the PSAM-Palm Desert that will be on view from March 25 through October 15. The exhibition will present a survey of Pat Lasch's sculptures over her career of 40 years. Ms. Lasch is well-known on the New York art scene as an important artist and professor of art, but she also divides her time between New York and Palm Desert. She has lived out in Palm Desert for 15 years, so it was time for her to have an exhibition here locally. She said her sculptures are amazing and include an innovative use of materials and handiwork processes that she's invented over her lifetime. She makes realistic and luscious looking cake sculptures that look real. The exhibition will include a stunning display of life-sized dresses that are not made of fabric; they are sculptures made from sturdy paint materials and detailed hyped paint. She hoped the City Council will join them when they open the exhibition. MR. FRANK JONES, Palm Springs Life, announced that on Saturday, March 18 is their 13`h Annual Fashion Week El Paseo and the 6' Annual Palm Desert Food & Wine. He provided the City Council with a program that outlines all the details of both events. In this anniversary, they will bring 35 designers from around the world, including Beirut, Milan, Canada, New York, California, with more than 30 celebrity chefs representing 65 wineries and 45 restaurants. He said they expect an incredible turnout as ticket sales have been going well and promotions have been outstanding. He invited the City Council to their ribbon cutting on March 18, stating he would like them to be there at 6:15 p.m. to take a tour of the facility and view the kitchens, dressing rooms, backstage, and the entire operations. They will finish the tour with the ribbon cutting, which he believes will be historic and something the Council will be very proud of to see. He added that the events will include more than 300 people who will animate, work, serve, and contribute to that effort to what really becomes a small city operating on the back of The Gardens. MR. MICHAEL MATHEWS, Community Relations & Events Directorfor Palm Springs Life, thanked the City Council for their continued support, stating the City has always been terrific and he certainly appreciates it now that they are bringing something very special to Palm Desert. He said it was the largest 4 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 consumer fashion show in the west coast, adding that he didn't know of any other in the United States. MS. SUSAN STEIN, Palm Springs Life, concurred, stating she recalled 12 years ago standing before the City Council asking for its support, and she's a lot calmer now. Mayor Harnik commented that everyone was looking forward to the events. X. MAYOR AND COUNCILMEMBER COMMENTS TO THE COMMUNITY A. Lifetime Blood Donation by Mayor Harnik Mayor Pro Tem Jonathan congratulated Mayor Harnik for donating five (5) gallons of blood to Lifestream, stating it takes at least seven to eight years of dedication to donating blood, which was quite an achievement. B. Community Choice Aaareaation (CCA) Mayor Pro Tem Jonathan said he attended the Coachella Valley Association of Governments ad hoc working group for Community Choice Aggregation, which is a possible replacement for Southern California Edison as the utility provider. If the Valley does make a decision to move in that direction, Edison will continue to maintain the infrastructure (lines, poles, etc.), but the City will gain control over delivery of the electricity and the type and source of electricity. Should the City decide to choose this path, it can make electricity greener than it currently is and every resident would have that choice as well. There are some exciting possibilities and he wanted to make sure the City Council and community was aware that CVAG is in the process of exploring that avenue. C. Vision Zero Mayor Harnik reported that Southern California Association of Governments (SCAG) and Coachella Valley Association of Governments (CVAG) are working on Vision Zero. She explained that Vision Zero was a project aimed at reducing fatality rates on the streets, especially since last year there were 29 pedestrian and bicyclists who were tragically lost. She said this was a very important endeavor and CVAG has allocated funds for projects that will make the streets safer. In SCAG, there are six counties involved working on the same goal. 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 D. ODenina Day - Palm Desert Youth Soccer Association Mayor Harnik announced that the opening ceremony is Saturday, March 17, at 10:45 a.m. at the Civic Center Park. The event includes food trucks, bands, and a fly over with thousands of community members and children attending. There will also be a presentation by Palm Desert Police Department. E. Senior Inspiration Awards Mayor Harnik reminded everyone that the Senior Inspiration Awards was coming up on March 24 at the J.W. Marriott. This is a ceremony to celebrate their volunteerism in the community, stating these seniors are unsung heroes making lives much better. F. Ribbon-Cuttina Event - Dinah Shore Drive Extension Mayor Harnik stated she and other Councilmembers attended the ribbon -cutting event of the extension of Dinah Shore Drive as part of the Millennium Development. XI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 23, 2017. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 2/3/2017, 2/10/2017, and 2/17/2017 - (2). Rec: Approve as presented. C. CULTURAL RESOURCES PRESERVATION COMMITTEE Minutes for the Meeting of January 31, 2017. Rec: Receive and file. D. RESOLUTION NO. 2017 - 19 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Paper Records that Have Been Digitally Imaged from the Department of Code Compliance, to Rely On the Electronic Record as the Official Record — Records from 2013 (Exhibit "A"). Rec: Waive further reading and adopt. 6 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 E. RESOLUTION NO. 2017 - 20 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Paper Records that Have Been Digitally Imaged from the Department of Public Works, to Rely On the Electronic Record as the Official Record (Exhibit "A"). Rec: Waive further reading and adopt. F. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal — Miscellaneous Office Chairs. Rec: By Minute Motion, declare the listed chairs as surplus property and authorize disposal as proposed. G. REQUEST FOR AUTHORIZATION to Increase Plan Review / Inspection Service Contracts for the Department of Building & Safety. Rec: By Minute Motion, authorize an additional expenditure of $40,000 total for Professional Service Agreements for Building Plan Review and Inspection Services, as follows: 1) Contract No. C34470A with Scott Fazekas & Associates; 2) Contract No. C34470B with Willdan Engineering; 3) Contract No. C34470C with CSG Consultants Inc. — funds are available in General Fund Account No. 1104420-4301000 in the FY 2016-2017 budget — new cumulative total for said services not to exceed $170,000. H. REQUEST FOR AUTHORIZATION to Purchase One Traffic Signal Controller Cabinet Assembly in the Amount of $26,465.40. Rec: By Minute Motion, authorize purchase of one (1) complete traffic signal controller cabinet assembly in the amount of $26,465.40 from Econolite Group, Inc., Anaheim, California — funds are available in Account No. 1104250-4332500 - R/M Signals. I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C35610 — Catalina Community Garden Renovations Project (Project No. 997-17) (Horizon Professional Landscape, Coachella, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 J. CONSIDERATION of Legislative Review Committee's Recommendation to Oppose AB 5 (Gonzalez) and AB 252 (Ridley -Thomas). Rec: By Minute Motion, approve letters of opposition to AB 5 (Gonzalez) - Opportunity To Work Act and AB 252 (Ridley -Thomas) - Taxation. K. REQUEST FOR APPROVAL of City Sponsorship for Desert Willow Golf Resort's 20th Anniversary Celebration. Rec: By Minute Motion: 1) Approve sponsorship in the amount of $15,000 for Desert Willow Golf Resort's 20th Anniversary Celebration as May's featured First Weekend event; 2) authorize expenditure in the amount of $10,000 payable to Desert Willow Golf Resort from Account No. 1104417-4322100 - Advertising Media Buys; 3) authorize expenditure in the amount of $5,000 payable to Desert Willow Golf Resort from Account No. 1104416-4306101 - City -Produced Events — funds are available in named accounts for FY 2016-2017. L. REQUEST FOR APPROVAL of Out -of -State Travel for Director of Public Works to Attend the 2017 Summer Meeting of the National Committee on Uniform Traffic Control Devices. Rec: By Minute Motion, authorize Out -of -State Travel for the Director of Public Works to attend the 2017 Summer Meeting of the National Committee on Uniform Traffic Control Devices in Pittsburgh, Pennsylvania, from June 27-30 — funds are available in Account No. 1104300-4312000-Administration Conferences/Seminars/Workshops. Upon motion by Kelly, second by Nestande, and 5-0 vote of the City Council (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None), the Consent Calendar was approved as presented. XII. CONSENT ITEMS HELD OVER None 8 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 XIII. RESOLUTIONS A. RESOLUTION NO. 2017 - 21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, WHEREIN THE CITY COUNCIL HEREBY AUTHORIZES THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR GRANT FUNDING UNDER THE HOUSING RELATED PARKS GRANT 2016 PROGRAM; THE EXECUTION FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOUSING RELATED PARKS GRANT 2016 PROGRAM. Senior Management Analyst Jessica Gonzales stated this request will authorize staffs application submittal to the California Department of Housing and Community Development for the Housing Related Parks 2016 Program. If the application is successful, the City may be awarded between $150,000 - $170,000 in grant funds that will be utilized to rehabilitate and preserve an existing City park, Joe Mann Park. Councilmember Kelly said the staff report refers to the possibility of using the grant to increase available adult "inclusive" equipment. She asked staff to elaborate as to what that would be and whom it would enable. Landscape Supervisor Randy Chavez noted he worked with Ms. Gonzales in providing input as to the specifics. He explained that when referring to inclusive, he said the role and demographics of park users is changing, so staff wants to stay within industry standards. A lot of the folks caring for younger children are grandparents. Unfortunately, both parents need to works and grandparents are now becoming primary caregivers. Therefore, staff wants to include playground equipment that is not only suitable for children but also for that demographic, stating that rather than having grandma and grandpa sit on a bench, they are able to join the kids with certain activities. Councilmember Kelly said that was fantastic. Ms. Gonzales added that the grant allows the City to participate in the Infill Bonus Award because of the Carlos Ortega Villas property, a senior property within that one -mile radius. Mayor Harnik said it will be such an asset to have that park updated. Councilmember Weber moved to waive further reading and adopt Resolution No. 2017 - 21. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 B. RESOLUTION NO. 2017 - 22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PORTION OF ANGLEWOOD DRIVE RIGHT-OF-WAY UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND FIXING A TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED VACATION (Ken Blair and Doris J. King, Applicants). Mr. Greenwood explained that Anglewood Drive is a 100-foot-long residential street that no longer serves any public benefit. The adjacent homeowner requested that the City vacate the street to them. Staff has evaluated the request and recommends that it be granted. The action this evening is to set a public hearing where at a subsequent meeting the City Council will take action on the Applicant's request. Councilmember Weber moved to waive further reading and adopt Resolution No. 2017 - 22. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). XIV. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1317 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND UPDATING VARIOUS CHAPTERS AND SECTIONS OF THE PALM DESERT MUNICIPAL CODE — CHAPTERS 2.52 - PERSONNEL, CHAPTER 3.30 - PUBLIC WORKS CONTRACTS AND BIDDING, CHAPTER 5.87 - MASSAGE ESTABLISHMENTS, CHAPTER 5.90 - MASSAGE PRACTITIONERS, CHAPTER 8.40 - RECREATIONAL VEHICLES ON PRIVATE PROPERTY, CHAPTER 8.70 - PROPERTY MAINTENANCE, CHAPTER 10.96 - RECREATIONAL VEHICLES, CHAPTER 11.01 - PARKS -GENERAL PROVISIONS, CHAPTER 15.26 - FIRE CODE, AND CHAPTER 28.06 - FLOOD DAMAGE PREVENTION -GENERAL PROVISIONS. Councilmember Nestande moved to waive further reading and adopt Ordinance No. 1317. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 XV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO DBX, INC., FOR THE TRAFFIC SIGNAL AND SIDEWALK REPAIRS - COOK STREET AND FRANK SINATRA DRIVE - IN THE AMOUNT OF $109,198 (CONTRACT NO. C35830, PROJECT NO. 578-17). Mr. Greenwood stated that shifting sands on the northwest corner of Cook Street and Frank Sinatra Drive has damaged the traffic signal's foundation, sidewalk, and street. This project is to repair the damage and to move the sand further back onto the lot so that any further damage can be delayed. Councilmember Kelly said it sounded like there was no methodology to totally guard against future damage by the sand. Mr. Greenwood responded that if the City wanted to absolutely prevent any further damage, staff could double or triple the amount of concrete used in the sidewalk and the foundations, but that really wouldn't be cost-effective. Therefore, staff recommends doing the standard work, adding that shifting sidewalks and streets is common in the north end of town with so much blow sand. Councilmember Weber noted she appreciated staffs sense of humor in calling it "fugitive sand." Mr. Greenwood said it was actually a technical term by the Air Quality Management District. Further responding, he said once that area is built out and developed, this issue of shifting sand would be significantly reduced, but not eliminated. Councilmember Kelly moved to, by Minute Motion: 1) Award subject contract for Traffic Signal and Sidewalk Repairs - Cook Street and Frank Sinatra Drive - to DBX, Inc., Temecula, California, in the amount of $109,198; 2) authorize Director of Finance to set aside a 10% contingency in the amount of $10,919.80; 3) appropriate funds from Unobligated Measure "A" in the amount of $120,117.80 to the project account; 4) authorize Mayor to execute said contract — funds are available in Unobligated Fund 213 - Measure "A." Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 B. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE JOSLYN CENTER PAVING, ACCESSIBILITY, AND RETAINING WALL PROJECT TO G. L. GAYLER CONSTRUCTION, INC., IN THE AMOUNT OF $175,291 (CONTRACT NO. C35900, PROJECT NO. 766-17). Mr. Greenwood explained that several months ago the City received an Americans with Disabilities Act (ADA) complaint about access at the Joslyn Center. City and Joslyn staff did an evaluation of the site and agreed the complaint received needed to be addressed, including other issues. In particular the handicap parking stalls do not meet the current code. Therefore, staff is recommending upgrading those stalls as well as the ramps into the building. Mayor Pro Tem Jonathan pointed out the fiscal analysis indicates that the cost of the project would be shared to the extent of 32% by the two other members of the Cove Commission, namely the cities of Rancho Mirage and Indian Wells. He reminded everyone that recent history showed there was zero cooperation from those two cities on another expense. He asked if staff was assured there would be sharing in cost on this particular project. Mr. Aryan responded that historically the Cove Commission members have shared in the cost with anything related to the Joslyn Center; however, there is no guarantee. At the Cove Community Services meeting, he provided staff and council representatives an informational item on this report, so they are aware of the project and the cost. It is not a guarantee that they will pay it, but it is on their radar. Mayor Pro Tem Jonathan said it was a $50,000+ question that is not answered at this point. He asked if there was a downside to postponing this matter until it was known whether or not the other cities would be contributing, and if this item was urgent. Mr. Aryan stated that as the City's Risk Manager, he would say yes, because it's an ADA issue where there was a complaint and there is a deficiency that needs to be addressed. He said the City risks a greater cost by being noncompliant. Mayor Harnik added that even if the project was delayed, the work still had to be done. Mayor Pro Tem Jonathan agreed, but felt the City would be at a disadvantage if the work was approved prior to making the request to the other two cities. At this point, he won't hold this project up but would ask that in the future staff have this type of question answered before it sought City Council approval. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 Councilmember Kelly moved to, by Minute Motion: 1) Award subject contract for Construction of the Joslyn Center Paving, Accessibility, and Retaining Wall Project to G. L. Gayler Construction, Inc., Thermal, California, in the amount of $175,291; 2) authorize Director of Finance to set aside a 10% contingency in the amount of $17,529; 3) appropriate $142,820 from Unobligated Fund 400 to Account No. 4004300-4389300 - Capital Project Reserve; 4) authorize Mayor to execute said contract — cost of the project will be paid by the City, but approximately 32% of the cost will be reimbursed by the two other member communities of the Cove Commission. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). C. REQUEST FOR AUTHORIZATION OF THE EXECUTION OF THE NON - POTABLE WATER AGREEMENT BETWEEN THE COACHELLA VALLEY WATER DISTRICT AND THE CITY OF PALM DESERT FOR THE DESERT WILLOW GOLF RESORT (CONTRACT NO. C35940). Mr. Alvarez stated that Coachella Valley Water District (CVWD) provides non -potable water services for both golf courses at Desert Willow Golf Resort. The proposal is an extension of the current service agreement the City has with them; it's a five-year term with an additional five-year extension. The terms of the proposed agreement are similar where they require the City to use 80% non -potable water on both golf courses. He's please to announce that Desert Willow is very proactive in exceeding the 80%, in fact, they are above 90%. The terms of the agreement are outlined in the staff report. Councilmember Kelly stated that with conservation, and reduced flushing, CVWD has not been able to produce as much non -potable water as they would have liked. She questioned if they were fully able to meet the City's demands. Mr. Alvarez replied that CVWD has been able to service all the needs for non -potable water, adding that Desert Willow has a large reservoir bladder that can store water on site, and if needed, the City can turn to its reserves on site. Mayor Pro Tem Jonathan stated the staff report notes the City is taking advantage of the lower rate of $0.12 per kWh (kilowatts per hour) for the cost of pumping the water, yet cost is anticipated to be $307,000 compared to $273,000 the year before, and a little less the prior year. He asked if the cost was attributed the increase in rates, because the water usage had not increased. Mr. Alvarez said volume of water used has been historically stable, so the increase was strictly related to the cost of water and pumping cost, adding 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 that if electricity costs went up, so did the pumping cost. Further responding, he confirmed there wasn't much that could be done about it. Councilmember Nestande moved to, by Minute Motion: 1) Approve the Non -Potable Water Agreement with Coachella Water District (CVWD) for water services at the Desert Willow Golf Resort; 2) authorize the Mayor to execute same. Motion was seconded by Kelly and carried by 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). D. INFORMATIONAL REPORT REGARDING IMPACT FROM THE INCREASE IN WATER SERVICE AND CONSUMPTION CHARGES BY THE COACHELLA VALLEY WATER DISTRICT (CVWD). Mr. Greenwood reported that now that City water bills have been paid through December, staff wanted to take the opportunity to apprise the City Council of the water use, conservation efforts, and the cost of water resulting from increased rates. He called attention to the chart on the back of the staff report which shows, using the months of July to December, that from 2014 to 2015 the City reduced its water use by 27% in an attempt to meet the governor's direction. As a result of that, the parks and landscape showed excessive wear and tear, so the water was turned back up, which is reflected in the July to December 2016 chart; usage went back up nearly to the 2014 numbers. However, the cost of that water is quite a bit more in that in 2014 the cost was $156,000, and in 2016 the cost was $213,000. He said the City is still in the ramping up period with CVWD, so the rate will go up annually through the year 2020. He added that Landscape Supervisor Randy Chavez and his crew have done a great job with the parks. Councilmember Nestande stated that with all the rain across California and the Oroville Dam breaking because of so much water, she assumed CVWD and other water agencies will be working with the governor and the State to see if these restrictions and penalties would be reduced. Additionally, the drought could potentially be ended and could positively affect the City's bottom line on water usage. Mr. Greenwood responded the Water Board recently did not take the opportunity to lift the restrictions, stating he believed they were in place for another six months. He said everyone was in a wait and see mode. However, rainfall in California has exceeded the average year. Mayor Pro Tem Jonathan concurred with the commendation of City staff for the condition of the parks, in that they are stellar and magnificent. Sadly, it cost more yet less water was used, even though the City was efficient to begin with, but it's the price of providing these types of resources to the residents and visitors. He went on to say that he understood there was litigation moving forward against various water utility districts relating to the 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 fines, address the fines, because constitutionally they are only allowed to recover actual cost and the fines apparently go beyond. Therefore, he's wondering if there's a possibility of recovering some of these increased costs or that they won't continue to increase because of pending litigation. Mr. Greenwood noted that in 2015 the City was paying fines, but sometime during 2016 the rate structure was adjusted, so the City is no longer dealing with fines, these are the permanent rates which will continue to rise if the plan continues. Mayor Harnik agreed with Mayor Pro Tem Jonathan that the parks look great and everyone appreciates it. She explained that even though there was great rain, the infrastructure to retain water doesn't exist, so a lot of it goes into the ocean, adding this was an issue that will be discussed in the budget process. She said the charts illustrate clearly what the City is up against. Mr. Greenwood added that the City has a sophisticated water management system for its parks, which is being expanded, and Council will see that being presented during the budget process. Mayor Harnik pointed out that years ago, prior to this sitting City Council, staff and then City Council had the vision to use zero scaping in the vista corridors and medians, etc., so for a long time, Palm Desert has been well aware of the importance of managing its resources. Unfortunately, it hurt the City when it was actually directed to make reductions, because it was hard to make even further cuts. Councilmember Kelly moved to, by Minute Motion, receive and file the report. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). E. CONSIDERATION OF THE ESTABLISHMENT OF A DESERT WILLOW GOLF RESORT RESIDENT ADVISORY COMMITTEE. Mr. Acosta stated this item was before the City Council at the request of Councilmember Nestande. It is a request to establish a resident advisory committee for Desert Willow Golf Resort. The staff report is set up to demonstrate what is in place today and has been over the years regarding the operation of Desert Willow. It also allows the Council to see that of the three established committees, there is one that has the broadest purview of all items on operation at Desert Willow but lacks any resident representation. This evening, the City Council can make a decision on what it wants to establish, whether that is a separate advisory committee, a hybrid, a task force, or assign residents to one of the existing committees, i.e., President's Committee. He noted in the staff report that the only concern with the establishment of another committee is that some of the information they 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 would want to discuss isn't readily available until the end of the year, and it may affect the bottom line at Desert Willow. For example, the closure of the Fire Cliff Course last summer, the effects of minimum wage increases, the new Non -potable Water Agreement with Coachella Valley Water District which includes an increase in cost, and current negotiations for a new contract with the operator. He said if a subcommittee is established, staff is requesting time to come back with when it has done its full research, so it can focus on a specific purpose with objectives for a committee. Mayor Pro Tem Jonathan commented that staff listed options, but one of them wasn't to maintain the status quo, which he assumed was on the table. Mr. Acosta said it was. MR. TOM WALTON, Yucca Court, Palm Desert, stated that two years ago a core group of residents was formed to focus on issues regarding residents and Desert Willow. Recently, Kemper Corporation reached out to their group, and they had a meeting in January. At this meeting, the group presented a proposal to increase revenue at Desert Willow from the resident market. The group noticed that over the years resident market revenue had gone down the tubes and a lot of it was attributed to various decisions made and driven by an ideology from the past city manager. This city manager also felt that the residents were hurting the bottom line and the other four racks were subsiding the residents, but they found that wasn't the case. Additionally, it was felt that second homeowners were not entitled to play at the resident rates. He said a lot of stuff had happened that started to show up at the bottom line at Desert Willow regarding the resident rack; play and revenue was greatly reduced. Two months ago the group got together with Kemper Sports and the current City Manager, and they proposed a three -prong marketing strategy to increase Desert Willow's revenue from the resident market, and to date they haven't had any feedback. He said it was important to have this committee because none of the existing ones were addressing this issue. He believed that if a cohesive group could be established, they can focus on marketing and developing programs for Desert Willow and the residents. MR. KEVIN FAHEY, Michigan Drive, Palm Desert, requested that the City Council reject the notion of the status quo for the simple reason that these core issues, as mentioned by Mr. Walton the previous speaker, have been on the table for two years and no resolution has occurred. In his 40 years of being a HR leader, he has served and participated in effective and ineffective committees and teams and found that you need to have all the shareholders at the table, which he didn't believe was in place today. He also believed the City needed people that have diverse and sometimes vocal and redundant information, including employees or customers that bring information that perhaps one doesn't want to hear, but again, he didn't think it was in place 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 today otherwise a number of these issues would have been resolved and everyone would have moved on. Therefore, he was in favor of a hybrid solution or new advisory committee. He added that the basic definition of crazy is to continue doing what you're are doing and expect a different result. Councilmember Nestande stated that after reading the staff report and learning there are already three committees in place, perhaps a new one is not necessarily needed. However, it seems like the President's Committee is the best place to expand or broaden its membership with one or two residents, giving them a voice on the issues, including adding someone from hospitality like from the Westin. She believed Desert Willow needs to have open communication to hear from resident golfers, stating this group has great ideas that Kemper Management and City staff can find common ground on. Councilmember Weber concurred, stating the City has benefitted greatly from participation from the residents and their comments and experiences brought to the table. The Council has talked about how it can hear from residents without going to the extent of a brand-new committee. It seemed logical to expand the President's Committee, but the goal is so that residents can provide input. Usually in the President's Committee meeting when the public visits they are not allowed to put their two cents, and she'd like to change that because the City has already benefitted and implemented a few of their suggestions. Therefore, she concurred with Councilmember Nestande in that the City would benefit from hearing from the residents who have spent the last three or four years sharing their thoughts with the Council. Councilmember Kelly agreed the residents need an appropriate place in which to voice thoughts and suggestions. But she sees two categories here, one being operational issues, which she believes Council needs to keep Kemper as the forum for discussion rather than pulling more operational issues into a City committee, because contractually Kemper is accountable for the bottom line. She said the City Council can't hold both accountable for the bottom line and micro manage the business, but it does want to facilitate opportunities for input. She has spoken with Mr. White who has ideas for ways to regularly invite expressions of ideas about operations. The other category is the topic of resident privileges, which might be timely to take a fresh look, because the golf industry has gone through a huge amount of change since the parameters were first established, but it wouldn't necessarily enhance resident privileges given the duress the industry is experiencing. The quantity of change does seem to warrant a fresh look, and whether that should happen in the existing President's Committee or a task force commissioned to specifically look at resident privilege once the relevant financials are available. 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 Mayor Pro Tem Jonathan noted that he and Mayor Harnik represent the City on the Desert Willow President's Committee. It's clear to him that the President's Committee would not be enhanced, in fact, its effectiveness would be diminished by including a group of individuals with a very narrow agenda. The purpose and function of that committee is to oversee the operations, management, and financial viability of a very important resource to the City. Therefore, changing the makeup of that committee would be a mistake for the City. This evening he heard folks expressed concern about issues raised that have not been resolved, but in fact, nothing could be further from the truth. The issues have been resolved, just not in way that makes certain individuals happy. The definition of insanity is doing the same thing over and over again and expecting a different result, which he found an ironic comment as well, because how much more often can the City respond with a No. There is a purpose to the structure of Desert Willow, it's not perfect, and they do welcome and consider input from users of that facility. In fact, Kemper Sports regularly polls the golfers and diners and the President's Committee pays attention to what they have to say. While something might be right for a small group of people, it's not necessarily right for the City as a whole, stating it would be good if everyone understood that. He recommended that if there is a group of golfers that has suggestions, consider formulating them and presenting them to the operator, Kemper Sports on an annual or quarterly basis, but not in daily emails. He said more than enough staff time has been expended on a small group of people. While the City welcomed input, there had to be reasonable limits, adding that some times for the right reasons, the answer is simply No. MR. DEREK WHITE, General Manager at Desert Willow Golf Resort, stated he had suggested hosting a quarterly "Coffee with the General Manager" and incorporating the superintendent. He said they can collect suggestions via email and he will respond by confirming it will be placed on the agenda for the next scheduled meeting or something to that effect. He's glad it was mentioned that Kemper polls guests in many ways on a daily and annual basis by way of surveys, etc. He was agreeable to giving specific resident golfers an avenue to provide input, stating he has been happy to work with them thus far, and a lot could be said for education, idea sharing, etc., from both sides. Therefore, he would be okay with doing something on a quarterly basis. Mayor Harnik requested staff or a member of the City Council attend those meetings so they can report back, because it was important to have that two-way communication. Councilmember Nestande stated she respected Mayor Pro Tem Jonathan's opinion, but in terms of financial viability, she believed the resident golfers have wonderful ideas. For example, people that have bought a second home in Palm Desert are having a difficult time obtaining a resident card, which she believes was an issue that can be resolved. Those that live out 18 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 of the state have a difficult time getting a DMV or government identification in order to prove they are actually residents of Palm Desert, adding that Kemper's hands are tied because they need staff and City Council to give them direction on that particular issue. Additionally, in the summer months tee times are not utilized to their full potential, so the City needs to look at ways to increase play in the summer months in order to have revenue trickle into the restaurant and pro shops. One idea was to reduce the resident rate a little bit more, although she didn't have any hard numbers to know what that would mean to the bottom line, but having no golfers verus some golfers would be a positive result. Mayor Pro Tem Jonathan concurred, but the Council was not here this evening to debate the merits of further reducing or subsiding the resident rate or creating greater access, because that is a broad subject with significant financial repercussions. He said the President's Committee did address those issues and there are pros and cons. The Council as a policy issue, if it wants to address it, it can at another time. However, the resident card is specifically for the primary homeowner/resident, not second homeowners, which is why they have a problem getting a resident card, because they are not supposed to get them. Having said that, the issue has been discussed and should continue to be discussed as a policy and revisit it. It may make sense to give that benefit to property owners, but again, what impact would that have, and the availability of golf for residents is a consideration that has to be evaluated as well. He said all these issues are on the table and he liked where this was headed, which is to give anyone interested in these subjects to go to the Desert Willow forum on a quarterly basis to address their concerns with the course operator, Kemper Sports. He said Kemper has a seat at the President's Committee and they can bring those concerns to the Committee for appropriate action. Councilmember Weber stated that Mayor Pro Tem Jonathan said the purpose of the President's Committee is to discuss the financial aspects, yet the Audit, Investment & Finance Committee also discusses the financials. So expanding it to include a couple of other members wouldn't derail the intent of the Committee, stating that giving people an opportunity to display and talk about their ideas in a forum where it is recorded would be very valuable. Secondly, as mentioned, two separate issues are being discussed this evening, so on the issue of resident privileges, she agrees Council needs to set time aside to reexamine where the City is, because it's a different time than when the policy was first designed for the resident card. Mayor Harnik said she valued the thought that there are two separate sets of issues, and Mr. White had a good solution for the operational end of it, adding that someone from the City should attend those meetings. The other issue comes down to resident play and all those entitlements that come from being part of the Palm Desert community. She said a task force is a good 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 idea, because the City is getting ready to celebrate Desert Willow's 20th anniversary. She asked staff when was the last fee study done. Mr. Acosta responded that if Mayor Harnik was referring to a market analysis and fee study, to his recollection the last one was done back in 1995/1996 when the fees were set. Mayor Harnik said it's been acknowledged by everyone that golf has changed and evolved, because you can see different trends. Her weighing in would be a task force that included resident golfers and non -golfers, and someone from hospitality. Responding to question, she said the task force would address resident privileges. Mayor Pro Tem Jonathan asked if that would include the rates and accessability. Mayor Harnik answered yes, stating it would include all the privileges provided to Palm Desert residents at Desert Willow. She would like non - golfers to be included because they use Desert Willow's amenities and their opinion mattered, including someone from hospitality or someone that runs a golf course who understands the intricacies of doing such. Perhaps someone from a country club, stating staff can look into who can be on the task force to tackle the issue. She agreed staff needed the time to conduct a fee study and market analysis, because it would be good information to formulate the best solution. Mayor Pro Tem Jonathan asked if Mayor Harnik would include defining or re -branding who a resident is and if it would consider second homeowners. Mayor Harnik replied it was an issue that would have to be looked at, because as mentioned, there are significant financial implications. It would be part of looking at whose a resident and what their privileges entails. Mr. Acosta said the industry simply looks at the golf market, but there are various segments of the golf market, as Mr. Walton alluded to, like resident play, resort play, outside of area play, etc., which feeds into the specific region or property. Councilmember Kelly moved to, by Minute Motion: 1) Encourage Kemper Sports Management to proceed with the system they have been discussing and, to some extent, utilizing to meet with interested resident golfers on operational issues at Desert Willow Golf Resort and as discussed at today's meeting; 2) instruct staff to return to City Council as soon as possible after conclusion of the fiscal year-end with recommendation for a Task Force (membership consideration to include resident golfer(s), non -golfer resident(s), member of the hospitality industry and/or golf industry at -large, and a Councilmember/staff member that can report back to the entire City Council), charged with taking a fresh look at all aspects of resident privileges at Desert Willow Golf Resort. Motion was seconded by Jonathan. 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 Councilmember Nestande asked if Councilmember Kelly was advocating or agreeing to forming an advisory committee. Councilmember Kelly explained the motion was for a task force to take a thorough and fresh look, because if the City assesses all of the input and gets some of these things established, it many not need an advisory committee that's regularly meeting to talk about these issues. Councilmember Weber said she thought that was part two, directing staff to set up a task force. Councilmember Kelly clarified that staff was to return to the City Council with a recommendation pertaining to a task force. Her presumption would be that staff will take the Mayor's suggestions for participation in that task force, but the recommendation would come back to the City Council for another chance to tweak or comment upon both its charge and membership. Councilmember Weber said part one was to thank Mr. White for offering to meet on a regular basis to hear input from the residents, which they have been doing on and off lately, but a time needed to be established. Mayor Harnik said the recommendation was slightly different. Councilmember Kelly reiterated that part one was to encourage Kemper to proceed with some opportunities for resident input around operations, as was discussed tonight, and frankly that's broad and general on purpose, because she didn't think the Council should put them in a straight jacket as the operator responsible for the bottom line, stating the responsibility should be left with Kemper Sports for defining that. Councilmember Weber expressed her appreciation of the motion, because as stated by Mayor Pro Tem Jonathan, the City and staff have spent a lot of time working around these issues, and she is very grateful to the operator for the time afforded to listening to all the input. Mayor Harnik requested someone from the City needs to attend the meetings with the operator, so they can report back to the City Council. Mayor Harnik called for the vote and the motion carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). F. REQUEST FOR APPROVAL OF THE 2017 ANNUAL PERFORMANCE EVALUATION CRITERIA FOR CITY MANAGER LAURI AYLAIAN. Ms. Aylaian stated that when the City Council retained a consultant to go through recruitment processes for a new City Manager, they identified a number of things they would be looking for in the future and areas in which they and the City Manager, in their relationship between the two should be improved. One of the things identified by the City Council is that they didn't 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 have a good structure for evaluating the performance on a regular basis of the City Manager, and they asked the consultant to provide some guidance in that direction. The document before the City Council is the result or outcome of that request. The draft is a three-part evaluation that will be done on an annual basis. Two of the parts involve very broad and general descriptions and evaluation criteria such as communications, knowledge, availability, engagement with the community, and regional leadership. The third area where the most time was spent, establishes material goals to be accomplished by the City Manager over the course of the year. However, everyone is painfully aware that the City Manager doesn't really do anything, it is staff that does all the work. Therefore, she and staff worked together as a team to develop what these goals would be and they incorporated the strategic goals for the next 20 years for the City of Palm Desert that was developed and adopted in 2013. She also compounded the state of the work in each department and what they perceive to be the goals and priorities of the City Council. She also layered the input received going through the interview process with the City Council, at which time, they had an opportunity to discuss a number of things important to the City. She recalled for the Council that two weeks ago, staff provided a study session to the City Council to review the draft and specific goals for 2017. In that half -day study session, there was valuable input from Councilmembers where a couple of things were added to the list. There was a general accord that at the end of the day the goals being proposed were endorsed by the City Council. She hoped the City Council reviewed the document, because she didn't want this to be entered into without thought and consideration. In part, because these goals are structured to be very ambitious yet an achievable platform of work for the coming year. Throughout the year, as new ideas or priorities come to the surface or are proposed, she will ask Councilmembers to refer back to the goals that were established at the beginning of the year, because it's important for a City to be able to accomplish work that is deliberate, planned, and strategic rather than determined by very transitory conditions that may have not existed months ago and may not be a priority a year from now. She believes the City will be well represented if it adopts goals that are long-term and well throughout and discussed amongst the City Council. Further, it is not staffs intention to decide what those goals should be, because it is clearly the decision of the City Council who sets policy. Therefore, the proposed goals reflect what the City Council would like to see. The part two of this is that the ultimate policy document will be the budget, which the City Council will review in the coming months. She pointed out that the budget will include funding necessary to accomplish these goals. In the event the budget does not support, there could be removal of goals through that process, because if staff doesn't have the funding then obviously goals would not be able to be accomplished. She offered to answer any questions or see if this document reflected the Council's understanding of the goals and priority for 2017. 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 Councilmember Nestande thanked Ms. Aylaian for the guidance provided, being that she is somewhat new, adding that she was a great and effective leader. Councilmember Weber concurred and thanked Ms. Aylaian for this well laid out document they can refer to. Councilmember Kelly stated this process started with the previous Council, so she thanked those who are continuing from that consult, including all the department heads who have worked very hard in the formation of the goals, adding she appreciated the word smithing from the last study session. She went on to say the document is a terrific piece of work and a lot of time went into it and yet it's only the beginning and not the conclusion, and she warmly embraces all that has been done. Mayor Pro Tem Jonathan stated there are two components to this document, one is directly or indirectly adopting the goals of the City, but the other is the annual performance evaluation of the City Manager. He inquired as to when that would take place. Ms. Aylaian said she believed it is being established on a calendar year basis, adding that she started before the calendar year, but this is the plate that has been laid out that can be accomplished during calendar year 2017 and the evaluation will coincide with the document. She said it will either be the ending of December or the beginning of January. Mayor Pro Tem Jonathan said it was important to establish the date, because there is some history of losing sight of that date. His comment is that he is so grateful that the City is doing this, because as a City, now in black and white has a road map for where it's headed in the near, mid, and long-term basis, which is helpful in achieving those goals, including functioning effectively and efficiently as a City. It's so important that staff knows and understands and embraces what those goals are, so there are no surprises. He agreed Councilmembers have misbehaved in the past, so he expects that when the Council strays from the path, the City Manager will remind them of the vision and goals established. He also liked that this was an inclusive process from the ground up, not from the top down. Even though this City Council is charged with setting policy and defining the vision, it relies on staff to execute that vision and implement it. However, it also relies on staff's expertise to help the Council understand what an appropriate vision looks like. Mayor Harnik said it was great to have a map for where they're going and how they will get there, and she really appreciates all the work that went into it, adding that it was a great product. However, she would like to add something to the Tourism and Marketing Goals, Item No. 2 - "Enhance use of social media and technology in marketing and public outreach, including 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 introduction of a smartphone friendly e-newsletter ... "She would like the newsletter to be PC friendly and wondered if language needed to be added to the document. Tourism and Marketing Manager Thomas Soule stated he was pleased to inform the Council that this has already been put into place with the most recent e-newsletter. He said it performs well on a desktop computer, but it also rearranges itself to look especially effective on a mobile phone. The previous version was great for the desktop, but when you looked at it on the phone it was a smaller version, which was difficult to read. Ms. Aylaian noted that the internal monthly City Council Newsletter that was issued this afternoon has a report on it that actually shows you an image of what it will look like on your screen. Councilmember Kelly moved to, by Minute Motion, approve a City Manager Workplan for 2017, establishing goals for work to be accomplished by City staff during calendar year 2017, and the criteria upon which the City Manager's performance will be evaluated at the end of that period (Contract No. C35650). Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). XVI. CONTINUED BUSINESS A. RESOLUTION NO. 2017-15 - A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A LOCAL DEBT POLICY (Continued from the meeting of February 23, 2017). Ms. Moore stated that at the last meeting, the City Council was asked to adopt a local debt policy, which identifies the practices and procedures' staff is already doing, but the City will have an adopted policy. During that meeting, there were some suggestions with respect to allowing different types of instruments in order to finance projects that may come in the future. Staff made those adjustments, including adjustments to the credit rating section where staff will endeavor to get the best possible rating during the process of any of those issuances. Councilmember Kelly moved to waive further reading and adopt Resolution No. 2017 - 15. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 XVII. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE JOSLYN CENTER GENERATOR PROJECT TO CALIFORNIA BUILDING EVALUATION & CONSTRUCTION, INC., IN THE AMOUNT OF $189,820 (CONTRACT NO. C34370A, PROJECT NO. 763-15). Mr. Greenwood stated that the Joslyn Center Generator Project has been on a long strange trip and here it is at another intercept. He said staff bid the project with a new generator, because the old generator couldn't be practically reused in California. A bid was received that was within the estimated budget and staff recommended approval. Councilmember Weber questioned how much the sale of the old generator will bring. Mr. Greenwood replied he didn't know and it didn't have a lot of value. He said it had to be sold out-of-state and it can't be used in California. Mayor Harnik added that it had to do with leaking greenhouse gases. Councilmember Nestande asked if the Cove Commission cities of Rancho Mirage and Indian Well will help with this cost. Mayor Pro Tem Jonathan recalled for the Council that at one point the entire Cove Commission agreed to share in the cost, then the cities of Indian Wells and Rancho Mirage asked for reconsideration and they said no. At the last meeting, he and Councilmember Weber presented factual data that staff helped put together indicating how many days there were power outages and how many hours, and it was extensive. Mr. Aryan was able to obtain the high temperatures that often exceeded 120 degrees, so you have this potential lethal combination of power outages, exceedingly high temperatures, which is when this generator will come into place as a safety zone for people to go and where they will find food to be maintained. However, that data apparently was not persuasive, so the City of Palm Desert was on it's own. Mayor Harnik commented that Palm Desert takes care of its community. Councilmember Kelly moved to, by Minute Motion: 1) Award subject contract for Construction of the Joslyn Center Generator Project to California Building Evaluation & Construction, Inc. (CBEC), Anaheim, California, in the amount of $189,820; 2) authorize Director of Finance to set aside a 10% contingency in the amount of $18,982; 3) appropriate $41,000 from Unobligated Fund 450 to Account No. 4504164-4400100 for the project; 4) authorize Mayor to execute said contract; 5) authorize sale of the old generator to an out-of-state buyer. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). 25 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 XVIII. PUBLIC HEARINGS None XIX. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager's Meeting Summaries Report for the Period of February 13-24, 2017. With City Council concurrence, the City Manager's Meeting Summaries were received and filed. Ms. Aylaian made the following announcements: 2. City Manager Performance Evaluation - Financial Performance Goal No. 1 - Develop a policy for General Fund reserve levels. She reported that staff solicited proposals from firms that could perform a detailed analysis to make recommendations. The City received two proposals and staff will be meeting next Thursday, March 16 at 2:30 p.m. to review them. In the past, Councilmembers have been particularly interested in this; therefore, she opened up the opportunity for a Councilmember to sit in on the evaluation of the two proposals. Mayor Pro Tem Jonathan agreed to attend if his calendar permits. 3. Community Outreach Resource Program (CORP) In response to Mayor Pro Tem Jonathan's request, staff started looking into the Community Outreach Resource Program, which is a program that will allow the City to assist with homelessness. She said staff will return with a proposal and recommendation for the City Council to consider, and it will be placed on the next agenda. She said it looked like a program that could be implemented relatively quickly and easily, adding that hopefully the City will have positive results from it. B. CITY ATTORNEY None 26 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 C. CITY CLERK 1. Announcement of City Council Study Session — Thursday, March 23, 2017, at 2:00 p.m. — Administrative Conference Room, regarding the President's Plaza Parking Lot. Ms. Klassen called attention to the upcoming Study Session, and Councilmembers so noted. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department Capt. Teets introduced Lt. Coby Webb who is the newest member of the Police Department. Effective immediately, she will serve as the Assistant Chief of Police replacing Lt. Baur who is being reassigned to other duties at the Palm Desert station due to unforeseen circumstances. He listed Lt. Webb's career history in the Coachella Valley and with the City of Palm Desert, highlighting her extensive and distinguished accomplishments in law enforcement, adding she has received her Bachelors Degree in Criminal Justice, Masters Degree in Public Administration, and Doctorate Degree with her dissertation focusing on the Quantitative Study of Stress Factors of Supervisory and Front -Line Officers within Law Enforcement. Additionally, she is the mother of two 11-year-old twins. Lt. Webb thanked the City Council for having her back, in that Palm Desert has always been home to her. She said it was quite a culture shock when she left Palm Desert to go to Moreno Valley back in her younger years, so she was happy to return to Palm Desert and this community. Councilmembers congratulated and welcomed her. E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. CouncilmemberSusan Marie Weber's Meeting Summaries Report for the Period of February 13-26, 2017. With City Council concurrence, the Meeting Summaries were received and filed. 2. City Council Comments: a) Tour de Palm Springs - Mayor Pro Tem Jonathan noted for the purpose of the audience that the City Council approved the event, including support financially. At that meeting, there was some discussion about the name of the event, and the 27 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2017 agreement and buy -in from the merchants was that initially "Tour de Palm Springs in Palm Desert" was fine, and the promoter agreed. There was also the commitment and understanding by the City Council that the event would transition to the name "Tour de Palm Desert" within a reasonable amount of time. Recently, the City Manager, Councilmember Weber, staff, and he met with representatives from CV Spin, the organization that puts on the event, and they were adamant about the name remaining "Tour de Palm Springs" in perpetuity. Attempts were made to explain to them that by collaborating with the City of Palm Desert and the resources it would bring to the table, their mission of supporting local charities would be greatly enhanced. However, the City has been informed that the name `Tour de Palm Springs" is so important to them that they have declined to move the event to Palm Desert and they will remain in Palm Springs. 3. City Council Requests for Action: None 4. City Council Consideration of Travel Requests and Reoorts: None XX. ADJOURNMENT With City Council concurrence, Mayor Harnik adjourned the meeting at 5:51 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JAN C. HARNIK, MAYOR 28