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HomeMy WebLinkAboutPrelim - CC - 04-14-2016DRAFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 14, 2016 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:00 p.m. II. ROLL CALL Present: Mayor Pro Tern Jan C. Harnik Councilman Sabby Jonathan Councilman Van G. Tanner Councilmember Susan Marie Weber Mayor Robert A. Spiegel Also Present: Rudy P. Acosta, Acting City Manager Robert W. Hargreaves, City Attorney Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Ryan Stendell, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Stephen Y. Aryan, Risk Manager John Cortez, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Susan Trevino, Chief, Palm Desert Police/Riverside Co. Sheriff's Department Anthony Baur, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) Mr. Hargreaves commented for the benefit of those present in the audience at this time that this portion of the meeting is for Closed Session, acknowledging that some were here for the Mobile Home Park Rent Control matter appearing on the regular session of today's agenda at 4:00 p.m. under Section XIII - Ordinances For Introduction, Item A(1). Therefore, he said it would not be appropriate at this time PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 to comment on the Rent Control issue. Although, the public would have opportunity to do so at that time; however, staff will recommend that the item not be considered by Council today and be continued to a future date. Because of all the concern that's been raised, staff would like to schedule resident meetings to discuss the issues more thoroughly before coming back before City Council. He reiterated that those who wished to provide testimony today would have the opportunity to do so at 4:00 p.m., or they may wait until the future date of consideration. MR. DONALD SUMMERS, Palm Desert, noted that he was married to a City employee but was speaking on his own behalf at this time. He asked the City Attorney why so much fear of a lawsuit, given that a City employee engaged in, and does not deny engaging in, inappropriate, harassing activities toward multiple City employees. He felt it was a clear and provable case of harassment, and the City should be advised to simply enforce its zero tolerance policy and terms of the employment contract with the employee. It would send a clear message to all City employees: "Harass and get fired for cause; if you want your inappropriate behaviors to be exposed for all to see, go ahead and sue. This City does not tolerate harassment in the workplace, period." He advised the City Attorney that defending any lawsuit from this employee should be routine and straightforward. He warned that there is a bright line of sexual harassment that is crossed, and it can have a devastating effect on the workplace, especially when crossed by a person in a position of power. He added that the City needs a legal advisor who has the backbone to advise it to defend that line whenever it is crossed, not cower at the possibility, real or imagined, of a lawsuit. He admonished the City Council to consider the message if they agree to take the advice of the City Attorney and award the severance. That action would appear to reward the offender and further victimize the victims; this action would undermine and make a mockery of the zero tolerance sexual harassment policies of the City. Further, this action, in effect, appears to license and, in effect, provide a profit motive to other City employees to worry less about engaging in harassment, especially if they are in positions of power. Lastly, he said this action appears to send a threatening message to all City employees, putting them at risk of further victimization. Even if the City Attorney is showing no bright line backbone in this instance, it seemed to him that it was time for the Council to show theirs. He trusted that Council would still have a chance to revise course and send the right message, not just to City employees, but to all citizens of Palm Desert. He implored Council to show its citizens that harassment in the workplace will not be tolerated, and more importantly, show City employees that they will enforce and, if necessary, defend their rights to a safe workplace. Mr. Hargreaves noted for the record that one of the items to be discussed in Closed Session, under Item B - Potential Litigation, are potential claims arising out of potential personnel actions with respect to the City Manager. IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: 0"A PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite No. 116, Palm Desert Negotiating Parties: Agency: Rudy P. Acosta/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Park Place Partners, Inc./d.b.a. Land Advisors Organization Under Negotiation: x Price x Terms of Payment 2) Property: APN 694-060-010 (North side Dinah Shore Drive, East of Gateway Drive) Negotiating Parties: Agency: Rudy P. Acosta/Martin Alvarez/City of Palm Desert Property Owner: Coachella Valley Water District Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 C. Public Employee Release pursuant to Government Code Section 54957. D. Public Employee Appointment pursuant to Government Code Section 54957: Title of Position: Interim City Manager/City Manager With City Council concurrence, Mayor Spiegel adjourned the meeting to Closed Session at 3:08 p.m. He reconvened the meeting at 4:34 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mayor Spiegel made the following statement: "Today marks a fresh start for the City of Palm Desert as we embark on a new era in leadership. While it is never easy to respond to unexpected change, we are confident that we have made the right decisions that will result in a smooth and productive transition at City Hall that allows us to continue to serve our constituents and conduct business on the City's behalf. Once it became clear that Mr. Wohlmuth could not continue as City Manager, the City Council took immediate and decisive action, in accordance with employment law and the advice of legal counsel, to move forward in a way that protected our employees and endeavored to 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 preserve public resources from potential litigation that could end up costing our City much, much more than was the negotiated severance. The agreement that we have reached with Mr. Wohlmuth on the terms of his departure will be publicly available once it is finalized. The City of Palm Desert has a history of operating openly and transparently, and this situation will be no exception. Our residents can trust that this Council moved forward in the most efficient and cost-effective way possible. Now I am pleased to announce the appointment of Justin McCarthy as Palm Desert Interim City Manager. Mr. McCarthy's history in Palm Desert runs deep, as he served the City for more than a decade as Assistant City Manager and then Interim City Manager. A consummate and experienced professional, Mr. McCarthy has also served other public agencies in Long Beach, Commerce, and San Diego. Mr. McCarthy's tried and trusted leadership and stewardship will be a valuable asset at City Hall, as we enlist the services of a professional executive search firm to ensure that we find the most qualified person to lead our City in the future." Mr. Hargreaves added that in terms of the legal perspective on this decision, it has been a very, very difficult one for the City Council for reasons he believed many in the public could appreciate. The City Council was advised by he, as well as a very well -respected Los Angeles law firm that handles employment law exclusively, that in their combined experience, as painful as such decisions are, this is most often the way they resolve themselves and for pretty much the same reason — in both the private and public sectors. He explained that when employers are faced with separating their chief executive officer, there are a number of issues weighing on that decision; chief among them, ultimately, being that the business of the City must go on. There are many important issues facing the City currently, and having a protracted leadership vacuum while a contested employment situation is resolved can be very distracting. Additionally, in legal counsel's experience, it's more expensive, more contentious, and often innocent third parties end up getting wrapped up in those processes and get harmed more so than they may have already been. Moreover, the decision taken by City Council today comes on the basis of strong legal advice and also the strong recommendation of the City's insurer. There again, albeit difficult, the primary goal is to continue to move the City forward with all the important projects that it has to confront and not to get wrapped up in accusations, recriminations, and all the other messiness surrounding such a process. Lastly, Mr. Hargreaves went on to close by providing the formal announcement that the City Council in Closed Session accepted the Resignation Agreement of Mr. Wohlmuth unanimously, and that agreement will be available after the meeting. City Council also acted to appoint Justin McCarthy as Interim City Manager, pending finalization of the contract. He 4 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 stated that there were no other reportable actions taken during the Closed Session just ended. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Palm Desert Charter Middle School Students Laila Taher and Elyse Rogan VII. INVOCATION - Mayor Pro Tern Jan C. Harnik Vill. ORAL COMMUNICATIONS - B Mr. Hargreaves once again acknowledged the many audience members present today with regard to the Mobile Home Rent Control Amendment item under Section XIII -Ordinances for Introduction, Item 1(A). He provided reassurance that members of the public will have opportunity to address the issue; although, he offered that staff would be recommending that the matter be continued from this to a subsequent meeting. It is staffs desire to meet with residents in order to get more information out to them before the City Council moves forward. Therefore, when the item is called on today's agenda shortly, the public can provide input or they may choose to wait until the informational session is held and/or until the next time it appears on the City Council's agenda. Responding to the Mayor's inquiry, he anticipated that the informational meeting would be scheduled within the next two weeks. MR. CHRIS GEYER, Assistant Principal, Palm Desert Charter Middle School (PDCMS), Rutledge Way, Palm Desert, welcomed anyone in the community to visit their School and see the amazing things students were doing. He went on to heartily thank City Council for all of its support of PDCMS and said it has always been a pleasure to work with the City, calling attention to Section X - Consent Calendar, Item N, the PDCMS Panther 5K on today's agenda. He expressed gratitude to Council for its anticipated approval of the event, especially the privilege and honor of being able to hold it on El Paseo. Goal of the Panther 5K is to continue producing a quality family event, while also being able to keep the cost down to $20 for students 17 and under. He noted that every cent made on the event goes right back into technology in the classroom. For instance, some of those funds help support an initiative where every PDCMS student will be doing their State testing all at the same time each on their own Chromebook electronic device supplied by the School. With regard to businesses on El Paseo, he related that two years ago their event increased sales by $1,000 at Wolfgang Puck's Restaurant; and last year their pre -race registration was conducted at the New Balance Store, where sales increased by $1,400 during that four-hour period. The 5K is slowly growing and attempting to drive business to El Paseo. As far as some of the tremendous things students are doing at school, he said they have a Triathlon consisting of a writing contest (3rd year), the 5K itself, and giving back to the community by volunteering at a 501(c)(3) organization. Further exciting school 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 offerings include Robotics, Gardening, Band, Color Guard, Dance, which were all thriving thanks to the City's support. He didn't think there was any better way to support a community than through the youth. MR. KENNETH DORAN, Elkhorn Trail, Palm Desert, wished to address an item from Section X - Consent Calendar, Item I — Streamlined Use of Vendors for the Special Programs Department. He called attention to the fact that the staff report did not specify any maximum amounts of monies to be spent with these vendors, and he had a problem with that. He realized it is a burden to go out and bid these types of products and services but is essential to protect the integrity and honesty of the system. When expending City funds, the extra precautions needed to be taken. He respectfully recommended that Council pull the item for separate consideration when it comes up on today's agenda. MR. MICHAEL LARKIN, Indian Springs Mobile Home Park, Palm Desert, said he and his wife reside in the Park. They are both seniors and believed it would be incredibly absurd for the City Council to even consider dissolving the Rent Review Commission in favor of a City employee. He said the Rent Review Commission is the only means for low-income people to mediate or to have any say in rent issues should the need arise. Most of his neighbors and he are living in rent -controlled housing and subsist only on Social Security and/or small pensions, neither of which have had a cost -of -living increase in over four years. He added that one of City Council's most important responsibilities is protecting all citizens, especially those who have no other means of protecting themselves. He strongly urged Council to permanently table any discussion of dissolving the Rent Review Commission. Mayor Spiegel respectfully requested other audience members in attendance regarding the Rent Review Commission matter to hold their comments until the item came up in the proceedings later on the agenda and their names were called from the submitted speaker cards. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF CALIFORNIA STATE ASSEMBLY RESOLUTION AND CITY OF PALM DESERT PROCLAMATION RECOGNIZING CHRISTOPHER FLICKER FOR HIS MERITORIOUS HEROISM. On behalf of California 42"d District Assemblyman Chad Mayes, District Office Manager Patricia Scully presented the framed Assembly Resolution to Mr. Flicker and heartily congratulated him for his heroism during the September 2014 flooding event in Thousand Palms On behalf of Mayor Spiegel and the entire City Council, Mayor Pro Tern Harnik presented the City's proclamation to Mr. Flicker and also expressed sincere gratitude for selflessly coming to the rescue of a fellow resident. 0 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 Mr. Flicker graciously accepted the recognition, noting that he'd worked for KESQ-Channel 3 for 10 years, and this was the only time he ever put down his camera in order to act after seeing the man in the water. He recognized and introduced his son and daughter in the audience, adding that he couldn't be the kind of Boy Scout leader he was if he didn't act. B. PRESENTATION OF PROCLAMATION DECLARING APRIL 2016 AS "DMV / DONATE LIFE CALIFORNIA MONTH" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Pro Tern Harnik presented the proclamation to Mr. Miles and Mrs. Sylvia Kay, along with Palm Desert DMV Office Manager Alex Romero, and Palm Desert DMV Employee Stephanie Martinez. Each related the poignant story of how they came to be involved with the "DMV/Donate Life California" campaign and how critical the need continued to be, with one in five people currently on the organ donation waiting list in the U.S. being from California. The group thanked everyone who had already signed up to be donors and encouraged everyone who had not yet done so to think of their own family members and what it would mean if one of them needed an organ or tissue donation to save their life. C. PRESENTATION TO INTRODUCE NEW COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT GENERAL MANAGER JEREMY WITTIE. Palm Desert's appointed representative serving as Trustee on the CVMVCD Board, Mr. Doug Walker, noted it was his 10t' year of serving the City in this capacity, and it was a real honor and privilege for him to be able to serve Palm Desert citizens, as well as residents of the Coachella Valley. He explained that the Mosquito District is a public organization of which residents can be very proud — professionally run, becoming one of the most respected Districts in the State of California and even in the entire United States. With the West Nile Virus and currently the Zika Virus receiving so much publicity, it is important for local residents to understand that this organization is very proactive in its efforts to protect public health from mosquito -borne diseases. There is a highly trained staff and advanced lab facilities at the District, and it's enjoyed excellent leadership. Previous General Manager Dr. Lothrop retired at the end of 2015, and the Board went through an extensive process during much of last year to select a replacement through a Statewide -and -beyond search. This resulted in selection of a new General Manager who would maintain the quality management the District had been receiving with appointment of in-house staff member Jeremy Wittie, who he was pleased to introduce to the City Council today. He added that Mr. Wittie had been with CVMVCD for eight years, previously serving as Scientific Operations Manager and assuming the 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 Office of General Manager in January, and the District is very fortunate to have such a well -qualified person to be its leader. CVMVCD General Manager Jeremy Wittie expressed appreciation for the warm welcome. He presented packets of information to Councilmembers, followed by a PowerPoint presentation on the overhead projection screen in the Chamber (now on file and of record in the City Clerk's Office), with highlights including: — Emerging Disease Threats. — Proactive Control and Prevention Program. —Award-winning, multi -faceted scientific approach to protecting public health through vector -borne disease prevention programs and notifications when threat is identified. — New invasive mosquito species posing additional threat, particularly in backyard containers where standing water is present. — Partnering with Palm Desert's Public Works and Code Compliance Departments, expressing sincere appreciation for this very mutually beneficial relationship. — Kickoff of "West Nile Virus and Mosquito Control Awareness Week" with the Fight the Bite 5K Run/Walk in La Quinta Civic Center Park on Sunday, April 17, 2016, looking forward to seeing many come out and help spread the word about this worthy campaign. Councilmembers thanked Mr. Wittie for the informative presentation and wished him all the best in his new position. D. APPOINTMENT/REAPPOINTMENT TO THE PALM DESERT PLANNING COMMISSION. Ms. Klassen noted that Council held a Study Session the afternoon of Friday, April 8, interviewing applicants for the position. They have since indicated that they wish to deliberate a little longer and conduct another Study Session, which is currently set for Tuesday, April 26, at 1:30 p.m., with additional interview to be conducted. She added that would be followed up with a likely decision at the April 28, 2016, regular Council Meeting. Mayor Pro Tern Harnik moved to, by Minute Motion, continue this matter to the meeting of April 28, 2016. Motion was seconded by Tanner and carried by 5-0 vote (AYES: Hamik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 24, 2016. Rec: Approve as presented. 0 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 3/11 /2016, 3/18/2016, 3/23/2016, 3/25/2016, 3/31 /2016, and 4/5/2016. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 3/18/2016, 3/25/2016, and 4/1/2016 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of January and February 2016 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. E. STATEMENT OF INVESTMENT POLICY for the City of Palm Desert (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency and the Palm Desert Housing Authority). Rec: By Minute Motion, receive and file the City of Palm Desert "Statement of Investment Policy" as presented. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meetings of January 26 and February 23, 2016. 2. Parks & Recreation Commission Meeting of January 5, 2016. Rec: Receive and file. G. RESOLUTION NO. 2016 - 29 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Records from the Successor Agency to the Palm Desert Redevelopment Agency, as Indicated on the Records Retention Schedule (Adopted May 14, 2015) — Records From 1990 (Exhibit "A"). Rec: Waive further reading and adopt. 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 H. RESOLUTION NO. 2016 - 30 - A Resolution of the City Council of the City of Palm Desert, California, Rescinding Resolution No. 2016-27 and Authorizing Household Hazardous Waste Grant Applications and Solid Waste and Recycling Grant Applications to CalRecycle. Rec: Waive further reading and adopt. REQUEST FOR APPROVAL of the Streamlined Use of Vendors for the Special Programs Department for Fiscal Year 2016-2017 by Granting an Exception to Bidding Requirements Provided in Palm Desert Municipal Code Section 3.32.090. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. J. REQUEST FOR APPROVAL of a $33,600 Expenditure for Postage for the BrightSide Newsletter for Fiscal Year 2016-2017. Rec: By Minute Motion, approve the expenditure of $33,600 for the United States Postal Service to cover a year's worth of postage for mailing of the bimonthly BrightSide Newsletter —funds have been included in the proposed budget for FY 2016-2017 in Account No. 1104417-4302600. K. REQUEST FOR APPROVAL of Contract with The Printing Place for Printing of the Bimonthly BrightSide Newsletter for Fiscal Year 2016-2017 with a One -Year Extension Provision (Contract No. C35190). Rec: By Minute Motion: 1) Award subject contract to low bidder The Printing Place, Palm Desert, California, for printing of the BrightSide Newsletter in the amount of $30,162 for FY 2016-2017, including an optional one-year extension provision at the same price; 2) authorize the Mayor to execute said contract — funds are included in the proposed General Fund Budget for FY 2016-2017 in Account No. 1104417-4302600. L. REQUEST FOR APPROVAL of Third Amendment, Renewing Contract with Same Day Express in the Amount of $39,996 for the Period of July 1, 2016 - June 30, 2017 — Maintenance Services for the City of Palm Desert's Permanent Public Art Collection and the El Paseo Exhibition and Approving Up to $5,000 on an As -Needed Basis for Emergency Maintenance Services (Contract No. C32743). Rec: By Minute Motion: 1) Approve Third Amendment to renew subject contract with Same Day Express, Palm Desert, California, for its third 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 extension in the amount of $39,996 for the period of July 1, 2016 - June 30, 2017, for Maintenance Services for the City of Palm Desert's Permanent Public Art Collection and the El Paseo Exhibition — funds are available in Account No. 4364650-4337200; 2) authorize Mayor to execute said Third Amendment; 3) approve up to $5,000 on an as - needed basis for Emergency Maintenance Services from Same Day Express — funds are available in Account No. 4364650-4337200. M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C34290 — Portola Avenue STP Rehab Project (Project No. 672-13) (Hardy and Harper, Inc., Santa Ana, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject contract. N. REQUEST FOR APPROVAL of Palm Desert Charter Middle School's 2017 Panther 5K (Palm Desert Charter Middle School, Applicant). Rec: By Minute Motion, approve: 1) Palm Desert Charter Middle School's Panther 5K scheduled for Sunday, January 22, 2017; 2) road closures on El Paseo between Highway 74 and Portola Avenue for the event. O. REQUEST FOR APPROVAL of the 2017 New Balance Palm Desert Half Marathon and 5K Event and Sponsorship (Southland Events, LLC, Applicant). Rec: By Minute Motion, approve: 1) The 2017 New Balance Palm Desert Half Marathon and 5K scheduled for Sunday, February 19, 2017; 2) proposed event route and road closures; 3) temporary waiver of Palm Desert Municipal Code (PDMC) Section 11.01.140 - Amplified Sound; 4) temporary waiver of PDMC Section 11.01.080(W) - Possession/Consumption of Alcohol in City Parks, pursuant to PDMC Section 9.58.040; 5) temporary waiver of PDMC Section 11.01.180(Q) - Prohibited Conduct Generally in City Parks, Vendor Sales; 6) sponsorship of Police Services in an amount not to exceed $5,000 to be funded within the Police Contingency Budget, Account No. 1104210-4304200. Mayor Spiegel requested that Item I be removed at the request of Mr. Kenneth Doran, a resident who spoke under Oral Communications. Upon a motion by Tanner, second by Harnik, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None), the remainder of the Consent Calendar was approved as presented. 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 XI. CONSENT ITEMS HELD OVER REQUEST FOR APPROVAL of the Streamlined Use of Vendors for the Special Programs Department for Fiscal Year 2016-2017 by Granting an Exception to Bidding Requirements Provided in Palm Desert Municipal Code Section 3.32.090. Program and Event Specialist Amy Lawrence stated that this request is to grant an exception to the bidding requirements for certain companies that offer specialty services, such as fireworks for the 4th of July, sound and lighting for concerts, radio ads and remotes for different events, all of which come back to City Council for approval. Other scenarios would be the rental of a stage for one of the concerts that may be a little bit more than $1,000; however, City Council has already approved miscellaneous expenditures for the concerts. Another scenario may be bulk mailing services from High Tech Mailing for the postcards used to advertise the Used oil and Household Hazardous Waste Recycling events. Councilman Jonathan asked if staff accepted proposals without going out to bid. Ms. Lawrence explained that the list represented specialty companies that may be sole source, stating it allows the City to obtain S.I.R. of Palm Springs, who is a sound and lighting company that offers professional services for all of the concerts. Also, there are no other companies in the Desert of the same caliber offering those types of services. Councilman Jonathan said he understood, but some of the vendors listed didn't seem to fit that criteria. For example, Flowers by Veronica, because there are other flower shops in the City. Additionally, you have two bus companies such as Cardiff and Lin Lines and then there are printing companies that also don't seem to fit the criteria. Ms. Lawrence replied that the list has morphed over the years, so there are some vendors that can be removed, such as Flowers by Veronica, which was probably placed on the list because of the Athena Awards luncheon. She agreed to revise the list with just the specialty companies that are used. Councilman Tanner inquired about the limit that can be spent without going out to bid with these streamline vendors. Ms. Lawrence stated that staff is required to request three bids for anything more than $1,000. For instance, Classic Party Rentals, with tax, came in at $1,015. Therefore, City Council approved miscellaneous expenditures for the event. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 Councilman Jonathan pointed out that those listed would be exempt from the bidding requirement even if the cost went over $1,000, and there were others such as Desert Discount Cleaners, Powers Awards, etc. Ms. Lawrence agreed to review Flowers by Veronica, but some companies always came under $1,000 throughout the year. However, the cleaners used for the COPS uniforms, can go over $1,000 for the year, but they provide the best price. Councilman Jonathan requested that the item be continued to give staff the opportunity to call the list down, and in the staff report clarify the types of circumstances where the vendor would be used. He believed the concern was valid, in that the City was circumventing the competitive bid process. Mayor Pro Tern Harnik agreed with Councilman Jonathan comments. However, when taking into consideration staff time and the cost to go through the bid process, the cost is greater than the amount it would be spending. Therefore, the list needed to reflect what would work best. Councilman Jonathan moved to continue this item to the meeting of April 28, 2016. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XII. RESOLUTIONS A. RESOLUTION NO. 2016 - 31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESTATING THE I.C.M.A. RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN AND TRUST (401A). Human Resources Manager Lori Carney stated this was a housekeeping item, in that the City has a 401(A) plan through I.C.M.A. and the IRS requires that the plan be reviewed and restated periodically. The plan was reviewed by I.C.M.A. and they provided the City with a restated document, which has no substantive changes, but it's in keeping with current regulations. Councilman Tanner moved to waive further reading and adopt Resolution No. 2016 - 31. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XIII. ORDINANCES A. For Introduction: 1. ORDINANCE NO. 1305 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 CHAPTER 9.50 OF THE PALM DESERT MUNICIPAL CODE - MOBILE HOME PARK RENT REVIEW - TO ELIMINATE THE RENT REVIEW BOARD AND IMPLEMENT A CITY MANAGER/HEARING OFFICER REVIEW PROCESS. MR. JAMES E. KIRWAN stated he was 86 years old and lives at Indian Springs Mobile Home Park. He came prepared tonight to speak to the matter as he had gone through the Ordinance with a fine tooth comb. However, he was dismayed to learn that this matter would be delayed to some future date, stating the waiting and not knowing when was unbearable. He shared that he and his wife learned to save their money all their life, and when she passed away he was able to afford and maintain his way of living, but he couldn't afford much more. He added that when the Council decides to meet on this matter at a future date, he will have a lot to say. MS. MARI SCHMIDT thanked the Council for continuing this item, because it was the right thing to do. She said Mr. Kirwan's comment reflected what was typical of older residents of the City, adding that they are incredibly threaten by change of this nature. She was grateful that the City will hold a forum that will include residents and hear from them all. MR. DAVID MOSHER stated he has lived in Palm Desert since the year 2000 in the Sun Crest Country Club. He and his spouse have lived comfortably, but not extravagantly. However, he lost his spouse last month and half his income, so now he doesn't know if he will lose his house as well. He is 61 years of age and still working, but he's not collecting social security yet, so a rent increase is a threatening thing. Because he happens to be on vacation this week, he was able to make this meeting and speak today, but he may not be able to attend any future meetings if he's at work. We went on to say that one of his friends tried to apply to be on the Rent Review Board, and learned that if one lived in a rent control manufacturing home community, you couldn't serve on the Board, which didn't make sense. He suggested a new make up of the board that would include two park owners, two residents of a mobile home park, and a fifth memberwho was neutral. MS. MARGO IVERSON stated she reviewed the revisions that will be made to the Ordinance that are housekeeping changes, which she had no problems with. However, the laws that pertain to them, the renters, are exempt from what they received from the park, and there are eight items in the body that are not addressed. One of them, just to give an example, is a vacancy increase. She said there is nothing that protects them, as individuals in the mobile home park, mentioned in the document they received. Yet, those items are the ones that are 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 important. Also, when will they receive notification of the next meeting and how. Mr. Hargreaves replied that the next meeting will be coordinated with Director of Special Programs Frankie Riddle. He added that mobile home residents have protection under State law and there's nothing the City can do about it. He said the City did changed those protections, and they are normally not reiterated in the City's Ordinance. MR. JONO HILDNER shared he was a resident at Indian Springs Mobile Home Park. He said he appreciated the City Attorney's recommendation to delay this set of changes in the Ordinance. However, he was appalled and amazed, in terms of reaching out to stakeholders, that staff only spoke to the remaining members of the Rent Review Commission and not the park owners or park residents, which are the ones really affected. He said this Ordinance was enacted to protect two groups of people: Park owners to ensure they get a fair return on their investment, and mobile home residents who can't easily move their lodging if there was increased. Furthermore, he didn't need to remind the Council, even though the Redevelopment Agency has disappeared, it still had the responsibility for low and moderate income housing in the City, and this was one of the great sources. He made the comment that he didn't know if it was laziness or a callous disregard of the residents that there was no outreach. He said hopefully notice will be given to residents and park owners, because this matter should have never come before the residents without that kind of outreach. Councilman Jonathan suggested continuing to a date certain, so that residents can know when this matter will again be addressed. Mr. Hargreaves replied that a month postponement would allow enough time to meet with the residents. Councilman Tanner expressed interest in attending the meeting, inviting his colleagues to attend as well. Councilman Jonathan said he would volunteer since he served on the Rent Review Commission years ago. Councilman Jonathan moved to continue this item to the meeting of May 12, 2016, with Councilmembers Jonathan and Tanner volunteering to attend the Resident Meeting that will be scheduled for this purpose. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Hamik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). B. For Adoation: 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 1. ORDINANCE NO. 1304 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO PALM DESERT MUNICIPAL CODE CHAPTER 25 - ZONING - TO ALLOW BEEKEEPING IN SINGLE-FAMILY RESIDENTIAL ZONES WITH CERTAIN REGULATIONS, Case No. ZOA 16-40 (City of Palm Desert, Applicant). Mayor Pro Tern Harnik moved to waive further reading and adopt Ordinance No. 1304. Motion was seconded by Jonathan and carried by a 4-1 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: Spiegel). XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE SECOND ONE-YEAR EXTENSION TO CONTRACT WITH KIRKPATRICK LANDSCAPING SERVICES, INC., FOR LANDSCAPE MAINTENANCE AREA NO. 2 IN THE AMOUNT OF $120,160.56 AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% THEREOF ($24,032) (CONTRACT NO. C32602, PROJECT NO. 902-13). Mr. Greenwood said New Business Items A-F are contract extensions for existing landscape contracts. When the City bids these landscaping contracts, there is an initial term of one- to two years and it provides for extensions up to two years by mutual agreement. Items A-F represents either that first or second year extension of those existing contracts. He pointed out that contracts for Kirkpatrick Landscaping Services and Mariposa Landscape Inc., includes an increase due to minimum wage increases. The other two, Excel Landscape Inc. and Vintage Associates Inc., do not include a minimum wage increase. Responding to why these contracts didn't go out to bid, he explained it was a time consuming and labor intensive process. However, there are three contracts going out to bid before the end of the fiscal year. He said that altogether there are nearly a dozen of these landscape contracts, so it was a management issue to have to go out to bid every year. Additionally, it helps the contractor spread his overhead from buying mowers and equipment by having two or three years of work instead of just one. Councilman Tanner moved to, by Minute Motion: 1) Approve the second one-year extension to subject contract with Kirkpatrick Landscaping Services, Inc., Indio, California, for Landscape Maintenance Area No. 2 in the amount of $120,160.56; 2) include repair work and services at the specified contract amount not to exceed 20% ($24,032); 3) authorize Mayor to execute the Amendment — funds are available in Account No. 1104614-4337001 - R/M Medians. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 B. REQUEST FOR APPROVAL OF THE SECOND ONE-YEAR EXTENSION TO CONTRACT WITH VINTAGE ASSOCIATES, INC., FOR LANDSCAPE MAINTENANCE AREA NO. 4 IN THE AMOUNT OF $142,680 AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% THEREOF ($28,536) (CONTRACT NO. C32612, PROJECT NO. 904-13). Please see New Business Item A for related discussion to this item. Mayor Pro Tern Harnik moved to, by Minute Motion: 1) Approve the second one- year extension to subject contract with Vintage Associates, Inc., Bermuda Dunes, California, for Landscape Maintenance Area No. 4 in the amount of $142,680; 2) include repair work and services at the specified contract amount not to exceed 20% ($28,536); 3) authorize Mayor to execute the Amendment — funds are available in Account No. 1104614-4337001 - R/M Medians. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). C. REQUEST FOR APPROVAL OF THE SECOND ONE-YEAR EXTENSION TO CONTRACT WITH KIRKPATRICK LANDSCAPING SERVICES, INC., FOR LANDSCAPE MAINTENANCE AREA NO. 7 IN THE AMOUNT OF $116,751.72 AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% THEREOF ($23,350) (CONTRACT NO. C32622, PROJECT NO. 907-13). Please see New Business Item A for related discussion to this item. Mayor Pro Tern Harnik moved to, by Minute Motion: 1) Approve the second one- year extension to subject contract with Kirkpatrick Landscaping Services, Inc., Indio, California, for Landscape Maintenance Area No. 7 in the amount of $116,751.72; 2) include repair work and services at the specified contract amount not to exceed 20% ($23,350); 3) authorize Mayor to execute the Amendment — funds are available in the respective Landscape and Lighting District Accounts. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). D. REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION TO CONTRACT WITH MARIPOSA LANDSCAPE, INC., FOR LANDSCAPE MAINTENANCE AREA NO.6 IN THE AMOUNT OF $76,803 AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% THEREOF ($15,361) (CONTRACT NO. C33301, PROJECT NO. 906-14). Please see New Business Item A for related discussion to this item. Councilman Tanner moved to, by Minute Motion: 1) Approve a one-year extension to subject contract with Mariposa Landscape, Inc., Irwindale, California, for Landscape 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 Maintenance Area No. 6 in the amount of $76,803; 2) include repair work and services at the specified contract amount not to exceed 20% ($15,361); 3) authorize Mayor to execute the Extension — funds are available in Account No. 4414195-4332000 - Desert Willow Repair and Maintenance. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). E. REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION TO CONTRACT WITH MARIPOSA LANDSCAPE, INC., FOR LANDSCAPE MAINTENANCE AREA NO. 9 IN THE AMOUNT OF $199,740.24 AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% THEREOF ($39,948) (CONTRACT NO. C33311, PROJECT NO. 909-14). Please see New Business Item A for related discussion to this item. Mayor Pro Tem Harnik moved to, by Minute Motion: 1) Approve a one-year extension to subject contract with Mariposa Landscape, Inc., Irwindale, California, for Landscape Maintenance Area No. 9 in the amount of $199,740.24; 2) include repair work and services at the specified contract amount not to exceed 20% ($39,948); 3) authorize Mayor to execute the Extension — funds are available in General Fund Account No. 1104614-4337001 - R/M Medians. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). F. REQUEST FOR APPROVAL OF ONE-YEAR EXTENSION TO CONTRACT WITH EXCEL LANDSCAPE, INC., FOR LANDSCAPE MAINTENANCE AREA NO. 17 IN THE AMOUNT OF $226,920 AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% THEREOF ($45,384) (CONTRACT NO. C33411, PROJECT NO. 917-14). Please see New Business Item A for related discussion to this item. Mayor Pro Tem Harnik moved to, by Minute Motion: 1) Approve a one-year extension to subject contract with Excel Landscape, Inc., Corona, California, for Landscape Maintenance Area No. 17 in the amount of $226,920; 2) include repair work and services at the specified contract amount not to exceed 20% ($45,384); 3) authorize Mayor to execute the Extension — funds are available in General Fund Account Nos. 1104610-4332001 - R/M Landscape Services, 110-4610-453-337100 - Tri-Cities Sports Facility, and 1104611-4332001 - R/M Landscape Services. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). G. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE 2016 SLURRY SEAL PROJECT TO ROY ALLAN SLURRY SEAL, INC., IN THE AMOUNT OF $1,177,094 (CONTRACT NO. C35080, PROJECT NO. 751-16). 18 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 Mr. Greenwood stated staff is proposing to slurry seal more than 7 million square feet of City streets as listed in the staff report. Responding to question, he said there was not a local contractor that could do the work at this scale. Councilman Tanner moved to, by Minute Motion: 1 ) Award subject contract for Construction of the 2016 Slurry Seal Project to Roy Allan Slurry Seal, Inc., Santa Fe Springs, California, in the amount of $1,177,094; 2) authorize Mayor to execute said agreement —funding is available in Account No. 2134311-4400100 - Measure "A" Street Maintenance Fund. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). H. REQUEST FOR APPROVAL OF U.S. BANK GLOBAL CORPORATE TRUST SERVICES AS A CORPORATE TRUSTEE AND FOR AUTHORIZATION FOR CITY TREASURER TO SIGN ANY DOCUMENTS INVOLVED IN THE TRANSFER OF TRUSTEE SERVICES (CONTRACT NO. C35200) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Gibson stated a Request for Proposal (RFP) was conducted for the trustee services, and two quotes were received. One was from the current trustee, Wells Fargo, and the other was from U.S. Bank Global Corporate Trust Services. He said both are fine firms, but unfortunately, Wells Fargo's existing trustee increased his fees drastically. They indicated that due to Federal regulations they are required to put it at full cost and not at the value they were previously offering. Therefore, staff recommended U.S. Bank, stating that background and references checks were done. He added that the City used them about 15 years ago, and they are a fine trustee service. Councilman/Director Jonathan stated that due to Mr. Gibson's good work the City will be saving $352,000 in trustee fees. Councilman/Director Jonathan moved to, by Minute Motion, approve U.S. Bank Global Corporate Trust Services as a Corporate Trustee for the City of Palm Desert and the Successor Agency to the Palm Desert Redevelopment Agency for a five-year term, commencing May 1, 2016, and authorize City Treasurer to sign any documents involved in the transfer of Trustee Services. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). REQUEST FOR AUTHORIZATION TO EXECUTE A PURCHASE AND SALE AGREEMENT TO SELL ONE ACRE OF THE SUCCESSOR AGENCY'S PROPERTY NO. 12(g), LOCATED ON THE NORTH SIDE OF COUNTRY CLUB DRIVE, EAST OF PORTOLA AVENUE (APNs 620-430-024, -025), TO THE CITY OF PALM DESERT (CONTRACT 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 NO. SA35150) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Alvarez stated staff was requesting to acquire from the Successor Agency to the City the one (1) acre site outlined in the staff report. He said both the Oversight Board and the Department of Finance (DOF) has granted the approval to transfer the site from the Successor Agency to the City; the appraised value is $305,000. He said they expect to move forward with the Purchase and Sale Agreement with the anticipation of a negotiated sale to Coachella Valley Water District (CVWD) for that one acre in the amount of the appraised value. Staff also recommended the City appropriate $305,000 from the Unobligated General Fund Reserves, pointing out that those funds will be returned to the City once the sale has been transferred to CVWD. Councilman/Director Tanner moved to: 1) Waive further reading and adopt: a) Resolution No. SA -RDA 056, authorizing the execution of a Purchase and Sale Agreement from the Successor Agency to the City, and taking certain related actions; b) Resolution No. 2016 - 32, authorizing the execution of a Purchase and Sale Agreement from the Successor Agency to the City, and taking certain related actions; 2 ) By Minute Motion, appropriate $305,000 from the Unobligated General Fund Reserves for the City's purchase of said property. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). J. CONSIDERATION OF RECOMMENDATION FROM THE AD HOC COMMITTEE REGARDING UTILITY UNDERGROUNDING IN PALM DESERT. Management Analyst David Hermann stated that today's recommendation is a culmination of months of deep thought, earnest discussion, and hard work on the part of eight dedicated residents and two City Councilmembers. After being created by the Council in March 2015, the Palm Desert Utility Undergrounding Ad Hoc Committee began their efforts by affirming as a goal the eventual undergrounding of all utilities in Palm Desert. The Committee met nine times over ten months, and they educated themselves about a very complex issue and then worked together to formulate a proposal that would help accomplish their goal. The Committee is asking the Council to: 1) Adopt as a City goal the undergrounding of all utility lines in Palm Desert; 2) direct staff to evaluate the feasibility and cost of hiring a consultant to prepare and administer a Utility Undergrounding Master Plan for the City; 3) direct staff that upon completion of the plan, to implement the plan and conduct community outreach, including preparation of the Utility Undergrounding Guide to educate the public and help residents through the Assessment District Formation process; 4) appropriate funds from the Unobligated General Fund reserves not to exceed $100,000 for the purpose of facilitating utility undergrounding and create a line item in the annual budget dedicated to that purpose. He noted two members of the Ad Hoc Pill PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 Committee were in attendance, Frank Taylor and Merilee Colton. He offered to answer question. Mayor Spiegel stated that the current Plan, if there are enough residents that vote for it, includes the City paying to find out what the cost would be and also pays for a portion of the undergrounding. Mr. Hermann agreed that had been the City's practice when the Redevelopment Agency was in force. However, the City was now in new territory in that this new Master Plan would outline how it would go about paying for that public portion. Further responding, he said the Committee is suggesting a refinement and improvement of the current process. He said it's looking for efficiencies and ways to encourage and help folks through the undergrounding process. Mayor Pro Tern Harnik agreed, stating she met with Merilee Colton a few times and learned about her frustration because the City didn't have a step by step process. Therefore, streamlining the process to site specific with guidelines is a great idea. With respect to Item No. 4, she inquired as to which fiscal year was the Committee wanting the City to create a line item in the budget. Mr. Hermann confirmed the Committee would hope for the line item to be included in Fiscal Year 2016-2017. Councilmember Weber clarified that $100,000 is the cost to pay a consultant to lay out a plan, because Palm Desert paid Edison to lay out their plan for one section of the City. Mr. Hermann explained that staff reached out to some consultants to get an estimate of what they would cost, stating that $100,000 was a conservative number. Further, the money is strictly to hire a consultant to prepare the Master Plan and does not include any undergrounding project that then may occur as a result. MS. MERILEE COLTON, Member of the Ad Hoc Committee, thanked Councilman Jonathan for his leadership on this issue and with the committee. She said there were several members, including herself, who wanted to get down in the weeds and solve all the problems right there and then, but Councilman Jonathan kept them on the straight and narrow to actually have a document to present to the Council in less than a year. Additionally, she thanked Mr. Hermann for all his hard work. Councilman Jonathan said he waited a year for this moment, so he would be proud to make the motion for approval. He thanked the members of the committee, stating he's never seen volunteers work this hard. He said it was 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 almost a one-year process, and they started out with 1-hour meetings and it grew to 1 Y2 hours. Members consisted of Karen Alexander, Patrick Blythe, Roland Alden, Steve Bohm, Merilee Colton, Frank Taylor, and Doug Walker. He noted Director of Finance Paul Gibson was present at all the meetings, and he would be remised if he didn't' thank David Hermann who was just so reliable and helpful in guiding and moving the process forward. He went on to say that fundamentally, the current process was not an effective way to underground all utility lines in Palm Desert, and what is being proposed is a significant next step to help make that happen. The projected cost for undergrounding all utility lines is well over $200 million, so the proposed $100,000 is not intended to begin the undergrounding. When the committee went through the process, they realized there is a virtual tool box of so many ways and methods to fund the undergrounding, but it just became too complex. The committee reached the point where it needed a professional person that can say here is a plan, which may be a 20-year plan, but when that Plan comes before the Council, it can decide whether to move forward with it. Councilman Jonathan moved to, by Minute Motion: 1) Adopt the undergrounding of all utility lines in Palm Desert as a goal of the City; 2) direct staff to evaluate the feasibility and cost of hiring a consultant to prepare and administer Utility Undergrounding Master Plan for the City of Palm Desert; 3) direct staff, following completion of the Undergrounding Master Plan, to implement a plan for undergrounding utility lines and to conduct community outreach, including the preparation and dissemination of a Utility Undergrounding Guide, which will educate the public about the Master Plan and encourage and guide residents through the Undergrounding Assessment District Formation Process; 4) appropriate funds not to exceed $100,000 from Unobligated General Fund Reserves for the purpose of facilitating Utility Undergrounding and create a line item in the Fiscal Year 2016-2017 Budget dedicated to that purpose. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XV. CONTINUED BUSINESS A. REQUEST FOR DIRECTION REGARDING PARTICIPATION IN SUNLINE TRANSIT AGENCY'S BUS SHELTER ADVERTISING PROGRAM (Continued from the meeting of March 10, 2016). Ms. Riddle stated the original request asked for Council's direction relative to participation in SunLine's Bus Shelter Advertising Program. At that meeting, Council requested a continuance to this date in order for staff to obtain additional information on the number of bus stops that didn't have shelter and what it would cost to provide them. Attached to the staff report is an additional memo that was provided to the Council that outlined the related costs. Responding to question, she confirmed there are 37 bus stops with shelters and 29 bus stops without shelters. The cost associated for the 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 prefabricated shelters is based on size and whether or not they will include advertising, adding that the cost estimates didn't include any additional infrastructure. Further, SunLine has indicated they don't have additional funds forthis purpose. She noted that representatatives from SunLine were available to answer questions. Councilman Jonathan stated he was surprised that SunLine's computerwere down and they couldn't come up with critical data, mainly the ridership for each stop. He asked if the ridership data would be available soon. MS. SEMIA HACKETT, Chief Administrative Officer at SunLine Transit, replied that it would. She went on to report that SunLine received Proposition 1 B Funding for Phase 6 of their Bus Shelter Improvement Program, and as part of that program, they are looking at improving 25 bus shelters in the Coachella Valley. They have worked with City staff to identify the four stops that will be improved in Palm Desert and they are on: Monterey Avenue and Fred Waring Drive; Fred Waring Drive and Washington Street; Fred Waring Drive and Town Center Way; and Washington Street and Hovley Lane. The cost for a single shelter is about $15,000, and by dividing the funds evenly between the jurisdictions, Palm Desert ended up with four shelters being improved. She added that the four stops were identified based on ridership and with City staff input. Mayor Spiegel commented that if the Council was in favor of improving all the non -sheltered stops, it needs to be discussed during the budget process. He added that most cities do advertising on their bus shelters, which cuts the cost down quite a bit. Mayor Pro Tern Harnik felt strongly that there was no reason for having unsheltered bus stops in Palm Desert, stating people ride the bus to go to work or school and they need some sort of protection. With respect to advertising, the last thing she wants to see are "You better call Saul," types of posters, because it wasn't appealing or a standard of the City. However, she was in favor of advertising City events such as Fashion Week, the McCallum, or The Living Desert, but she didn't know how much control the Council would have. She agreed that the ridership information was needed prior to the budget study sessions. Mayor Spiegel recalled that the original agreement called for the City Manager to approve whatever went into the bus shelters, and the Council may want to consider something similar. Mayor Pro Tern Harnik suggested also having the Marketing Director or someone from Economic Development assist in those determinations. 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 Councilman Jonathan concurred, stating it was important to provide shade to people that ride the bus, and he looked forward to addressing it during the budgeting process. However, because this is a large ticket item, perhaps middle ground would be forthe City to embark in a five-year program to have all the shelters covered. Councilman Jonathan moved to continue this matter to a future date in conjunction with the FY 2016-2017 Budget process. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Acting Citv Manaqer Meeting Summaries Report for the Period of March 21 - April 1, 2016. Mr. Acosta noted the printed report provided with the agenda packets. With City Council concurrence the City Manager Meeting Summaries were received and filed. B. CITY ATTORNEY None C. CITY CLERK 1. Appointment of Official Voting Delegate and Alternate to the Southern California Association of Governments General Assembly Scheduled to be Held May 5-6, 2016, at the La Quinta Resort & Spa. Ms. Klassen called attention to the SCAG Request for official appointment of Voting Delegate to the General Assembly in May. On a motion by Mayor Spiegel and concurrence of the City Council, Councilmember Susan Marie Weber was appointed as the Voting Delegate and Councilman Van G. Tanner as Alternate for the SCAG General Assembly to be held 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 May 5-6, 2016, at the La Quinta Resort & Spa. Motion carried on a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). 2. Announcement of City Council FY 2016-2017 Budget Study Sessions in the Administrative Conference Room: a) Tuesday, April 19, 2016 — 9:00 a.m. b) Thursday, April 21, 2016 — 12:00 p.m. Ms. Klassen noted the upcoming Study Sessions that have been scheduled for the FY 2016-2017 Budget review. Councilman Jonathan asked if there were any plans to conduct a public forum as was being done in other jurisdictions to enlighten the general public about the details of the City's budget and provide opportunity for them to provide input on it. Ms. Klassen noted that the Study Sessions are open to the public, and they are welcome to attend. Councilman Jonathan said he would ask that this type of a session be scheduled specifically for the public. Mayor Pro Tern Harnik suggested that Speaker Cards be provided at the Study Sessions to encourage public input. Ms. Klassen responded that there are provisions in the City's Municipal Code regarding Study Sessions (P.D.M.C. 2.36.040), and it is at the presiding officer's discretion and that of City Council's as to if/how the public is to be heard at such gatherings. Councilmembers directed that Speaker Cards be provided at the Budget Study Sessions and noted the appointed times for each. 3. Reminder of Palm Desert Public Library 201h Anniversary Celebration Scheduled for Tuesday, April 19, with Program at 2:00 p.m. Ms. Klassen announced that the Palm Desert Public Library, part of the Multi -Agency Library facility at 73300 Fred Waring Drive on the College of the Desert Campus, will be celebrating its 201h Anniversary on Tuesday. She said there will be all -day activities to celebrate the auspicious occasion, with a brief program being held between 2:00 p.m. - 3:00 p.m. to commemorate the day, which is exactly 20 years following its dedication on April 19, 1996. Councilmembers so noted. 25 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 D. PUBLIC SAFETY Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilmember Susan Marie Weber's Meetinq Summaries Report for the Period of March 20 - April 1, 2016. Councilmember Weber's report was noted and with City Council concurrence, was received and filed. 2. Council Reauests for Action/Committee Reports/Comments: a) Councilman Sabbv Jonathan Requests/Reports/Comments — - Y-Be-Fit Challenge - Planning Committee has met and gearing up for the 2016 event to be held on Sunday, October 2. - Palm Desert Country Club - Attended meeting presented by the owner of the Executive Course at the Palm Desert Country Club. Standing -room -only evening meeting where plans were presented for proposed development of the Executive Course. Aware this has been a sensitive issue and wanted to make Council aware of this development. The proposed plans are available online. In response to comment, he had been trying to spread the word that there was a lengthy zone change process involved in such a proposal. b) Mavor Pro Tern Jan C. Harnik Requests/Reports/Comments — - RCTC-Attended Riverside County Transportation Commission meeting yesterday, hot topic is still awaiting announcement of allocation of funds from the STIP (State Transportation Improvement Program) Funds. Presentation from UCR Chancellor Wilcox regarding work they did to court the new CARB (California Air Resources Board). Strongly recommended at the outset that it go to Cal Poly Pomona; however, after showing all the positive attributes at the UCR Campus, it was then chosen. Will bring 600 employees with high -paying jobs to the Riverside 26 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2016 area, will have an impact on air quality and its research, and will be tremendous boon to research on Coachella Valley air quality. Added that the Chancellor bragged about the UCR-Palm Desert Center. - Senior Inspiration Awards on March 25 - More than 600 people attended this year's event where Palm Desert was pleased to honor Mary Helen Kelly, who was as gracious and elegant as always. - Fashion Week / Food & Wine Festival - Another tremendous event, with initial counts indicating around 15,000 attendees. Food & Wine was equally incredible; new location was very well received, nary a single negative comment received. 3. Council Consideration of Travel Requests and Reports: None XIX. ADJOURNMENT With City Council concurrence, Mayor Spiegel adjourned the meeting at 6:18 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR 27