Loading...
HomeMy WebLinkAboutPrelim - CC - 05-12-2016DRAFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 12, 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: Justin McCarthy, Interim 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 & Housing/City Treasurer 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 Anthony Baur, 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 MAY 12, 2016 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: None Due to lack of a quorum and no closed session, Mayor Spiegel adjourned the meeting at 3:01 p.m. to 4:00 p.m. for the regular meeting. He reconvened the meeting at 4:02 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tern Harnik VII. INVOCATION - Mayor Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MS. MARY HAAS, Highway 74, Palm Desert, stated she went to the Vision San Pablo event where she learned about the City wanting to create some downtown area for Palm Desert. However, she disagreed, stating Palm Desert actually needed small postage -stamp parks throughout the City, because she lives a quarter mile south of El Paseo on Highway 74, and she walks her dog two to three miles every day, and there is no green space anywhere. She said Civic Center Park is lovely, but she didn't want to get into her car and drive to a green space. She's originally from Minneapolis, but in New York they have "pocket parks," and with the City going more and more toward desert landscaping, unless you live on a golf course, one never sees green space. Her suggestion is for the City to buy some of the available lots and put grass, trees, and a simple shade structure where people can gather, stating that a few individual small parks wouldn't kill the City's budget. She commented that creating a downtown area where it now has liquor stores and thrift stores, and no natural draw, she would rather spend her money on creating small parks for the residents every one -square mile. Mayor Spiegel stated he will forward her contact information to the person in charge of parks, Director of Community Development Ryan Stendell. 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2016 Mr. Stendell said he wanted to celebrate the Vision San Pablo event that occurred this past weekend by going over some of the highlights. As many Councilmembers already know, the event was extremely successful. Last year, the idea started with Principal Planner Eric Ceja who said there was a grant opportunity to present the San Pablo Corridor vision and concepts and requested permission to apply for it. Former Director of Community Development Lauri Aylaian gave her approval. So through the next year the Southern California Association of Governments (SCAG) and City staff developed a work plan, ultimately culminating the 11-day demonstration period and the 1-day street closure event that occurred last weekend. He displayed photographs of the event that included food trucks, the Italian Deli, SunLine demonstrating their newest electric vehicle, and community artist doing art projects on the street. He added that the Desert Recreation District is a wonderful partner in this event, in that they hosted activities throughout the entire day. He also displayed a photograph of the existing bike lanes with some demonstrations featured. Staff took surveys throughout the day, and of the 145 surveys collected, more than 90% supported the overall vision/concept for the San Pablo area; 96.5% supported the addition of enhanced bike lanes, stating that many liked the buffered effect; and 83% supported roundabouts. Staff also received 65 handwritten comments that included concern for unsafe drivers on San Pablo. He said San Pablo was an interesting area and there was a lot more work to be done. He thanked the internal project team that consisted of Eric Ceja, Amy Lawrence, Thomas Soule, Deborah Glickman, Corp Yard and Public Work's staff, and David Reyes who was on site daily. Mayor Spiegel commented for the benefit of those present in the audience for the Mobile Home Park Rent Control matter appearing on the agenda under Section XV - Continued Business, Item A, announced it was the intent of the City Council to continue the matter to a date uncertain. However, those that wished to provide testimony today would have the opportunity to talk to that point. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF MAY 9-14, 2016, AS "WOMEN'S LUNG HEALTH WEEK" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Pro Tern Harnik presented the proclamation to representatives from the American Lung Association. On behalf of Kathryn White, representatives expressed appreciation for the recognition as it increases awareness of lung cancer in women. If anyone is in Palm Springs next week during the evening, you can look for turquoise 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2016 lit buildings at Desert Regional Medical Center, the Cancer Center, etc., in support of the Lung Force Movement. B. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF MAY 15-21, 2016, AS "POLICE WEEK" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Pro Tem Harnik presented the proclamation to Lt. Baur. Lt. Baur and Deputy Michael Troyer thanked everyone for the support and recognition, stating that everyone in the Department knew they couldn't be successful without City Council and public support because it requires communication and trust. Mayor Pro Tern Harnik thanked them for everything they did for the City. C. REAPPOINTMENTS TO THE PALM DESERT ARCHITECTURAL REVIEW COMMISSION FOR A TERM TO DECEMBER 31, 2019. Councilman Tanner moved to, by Minute Motion, reappoint Allan Levin, Jim McIntosh, and John Vuksic to the Architectural Review Commission, each for a four-year term with an expiration date of December 31, 2019. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 28, 2016. Rec: Approve as presented. Mayor Spiegel ABSTAINED from the vote on Item A, and it was approved 4-0-1 (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSTAINED: Spiegel). B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 4/25/2016 and 4/29/2016. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 4/22/2016 and 4/29/2016 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2016 D. REQUEST FOR APPROVAL of Janet M. Moore, Finance Director & City Treasurer, as a Business Contracting Officer for the City of Palm Desert's Banking, Trust, and Investment Relationships. Rec: By Minute Motion, approve Janet M. Moore, Finance Director & City Treasurer, as a Business Contracting Officer for the City of Palm Desert's Banking, Trust, and Investment relationships, with the authority to sign related technical documents on the City's behalf. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Athena, 73121 Country Club Drive, Suite #E7-8, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bill's Pizza Palm Desert, 73196 Highway 111, Palm Desert. Rec: Receive and file. G. LETTER OF RESIGNATION from Dr. Abram F. Goldman — Audit, Investment & Finance Committee. Rec: Receive with very sincere regret. H. RESOLUTION NO.2016-34 — 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 Office of the City Clerk, to Rely on the Electronic Record as the Official Record — Contracts from 1991-1992 and Schedules of Investments from 2007-2013 (Exhibit "A"). Rec: Waive further reading and adopt. RESOLUTION NO.2016-35 — 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 Office of the City Clerk, as Indicated on the Records Retention Schedule (Adopted May 14, 2015) — Records from 1985-2013 (Exhibit "A"). Rec: Waive further reading and adopt. 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2016 J. RESOLUTION NO.2016-36 — 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 Department of Community Development/Planning, as Indicated on the Records Retention Schedule (Adopted May 14, 2015) — Records from 1987-2009 (Exhibit "A"). Rec: Waive further reading and adopt. K. REQUEST FOR AUTHORIZATION to Declare Vehicles as Surplus and to Dispose of As Proposed. Rec: By Minute Motion, declare vehicles listed in the accompanying staff report as surplus and authorize disposal as proposed. L. REQUEST FOR RATIFICATION of Expenditures Associated with the Relocation of Fashion Week El Paseo and Food & Wine Festival Palm Desert 2016 to Palm Springs Life in the Amount of $31,533.71 (Contract No. C34950). Rec: By Minute Motion, ratify reimbursement expenditures to Palm Springs Life in the amount of $31,533.71 for costs associated with the relocation of Fashion Week El Paseo and Food & Wine Festival Palm Desert 2016 — funds are available in the Economic Development Budget for FY 2015-2016. M. REQUEST FOR APPROVAL of Contract with Clean Fuel Connection, Inc., for Installation of a DC Fast Charger at the Palm Desert Civic Center Electric Vehicle Charging Station and Amend Charging Station Agreement to Reflect NRG EV Services, LLC (EVgo). Rec: By Minute Motion, approve: 1) Contract with Clean Fuel Connection, Inc., to undertake the infrastructure installation aspect of the DC Fast Charger Installation Project at the Palm Desert Civic Center (Contract No. C35030C); 2) Charging Services Agreement with NRG EV Services, LLC (EVgo) (Contract No. C35030A). N. REQUEST FOR AWARD OF CONTRACT for Industrial Uniform Rental and Laundry Services to Prudential Overall Supply for Three (3) Years in the Amount of $14,526.72 (Contract No. C35040). Rec: By Minute Motion: 1) Award subject contract for Industrial Uniform Rental and Laundry Services to Prudential Overall Supply, Indio, California, in the amount of $14,526.72 for a period of three (3) years; 2) authorize Mayor to execute said contract — funds are available in General Fund Account No. 1104310-4214000 - Supplies -Uniform Rentals. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2016 O. REQUEST FOR ACCEPTANCE OF WORK for the Replacement of One (1) Air Conditioner at the Desert Willow Golf Resort Clubhouse (Desert Air Conditioning, Inc., Palm Springs, 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. P. REQUEST FOR APPROVAL of the Creation of an "Ethics Hotline" for the City of Palm Desert. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Q. INFORMATIONAL REPORT Regarding the Potential of Having College of the Desert Horticulture Students Participate in the Turf Conversion at the Charger Sculpture. Rec: By Minute Motion, receive and file the report. Mayor Spiegel noted he would be abstaining on Item A, and Councilman Jonathan requested that Item P be removed for separate consideration under Section XI, Consent Items Held Over. Upon a motion by Tanner, second by Weber, 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. XI. CONSENT ITEMS HELD OVER P. REQUEST FOR APPROVAL of the Creation of an "Ethics Hotline" for the City of Palm Desert. Human Resources Manager Lori Carney stated this item is to create an Ethics Hotline, which would allow employees to make confidential anonymous calls to an outside party to report any concerns they may have. Councilman Jonathan commended Ms. Carney and Interim City Manager Justin McCarthy for initiating this, stating it was absolutely wonderful. He said the Council has always felt it essential that this place of work be a safe, healthy, and nurturing for all staff, and this was one more step in that progression. He knew Ms. Carney had been in touch with some of the other cities, and the concern that comes up is, can a hotline like this be abused. In other words, is there the potential for a good staff member to be falsely accused and suffer as a result. 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2016 Ms. Carney responded that none of the cities she spoke with said they did, and she spoke to several cities. However, there is always that potential with any avenue of reporting that there could be a false complaint or a misunderstanding. The idea is that any complaint would be appropriately investigated, so if it had no merit, and as a result of the hotline, there shouldn't be a negative impact to the employee complained about, unless there was some merit to the complaint. Councilman Tanner asked if this hotline was an anonymous tip hotline or was it selectively. Ms. Carney explained that it could be either, because most of the models she reviewed allowed people to make an anonymous complaint, which is really the reason to have a hotline; it's an outlet for anonymous complaints. People who want to make complaints that aren't anonymous have many opportunities, methods, and avenues to do so. She said this provides an avenue for people to make an anonymous call or send an anonymous email or letter. Further responding, she said she will do the investigation or whatever party was most appropriate to take action, depending on what the person disclosed. Councilman Tanner asked if there was a way to get back in touch with the anonymous person. Ms. Carney added she wouldn't be able to respond if it was an anonymous call, but if it was an anonymous email, she would be able to email them back and communicate in that way. In talking to the City of San Jose, they encourage people to call back. If one makes an anonymous call, that person can call the City back in four or five weeks for an update. She said this method would give the hotline operator an opportunity to ask additional questions if needed. She pointed out that in the past, there have been anonymous calls from the public regarding a staff member, and it's difficult to follow-up on an anonymous complaint. She thought it was a real solution to ask them to call back, in case additional information was needed. Mayor Pro Tern Harnik noticed the staff report indicated that calls would be for confidential and anonymous complaints, stating it would give employees the security and comfort of knowing they have a safe place to go and be heard. She said there would probably be a way to identify the call or email, whether it was by just assigning a case number and having that person call back for an update by identifying the complaint by the case number. Councilman Jonathan moved to, by Minute Motion, approve the creation of an "Ethics Hotline" for the City of Palm Desert. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). 0 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2016 XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION TO CONTRACT WITH DEDICATED BUILDING SERVICES, LLC, FOR CITY FACILITIES JANITORIAL SERVICES IN THE AMOUNT OF $78,612.60 (CONTRACT NO. C33741, PROJECT NO. 771-15). Mr. Greenwood noted the staff report and offered to answer questions. Mayor Pro Tern Harnik moved to, by Minute Motion: 1) Approve a one-year extension for the subject contract with Dedicated Building Services, LLC, Sherman Oaks, California, for City Facilities Janitorial Services in the amount of $78,612.60; 2) authorize Mayor to execute the contract — funds are available in General Fund Account No. 1104340-4332600 - R/M Janitorial. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). B. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 1 TO KIRKPATRICK LANDSCAPING SERVICES, INC., IN THE AMOUNT OF $119,280, PLUS AN AMOUNT NOT TO EXCEED 20% OF THE CONTRACT AMOUNT ($23,856) FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C34840, PROJECT NO. 901-16). Mr. Greenwood stated this was a landscape maintenance contract for medians and greenbelts in the southern part of the City, and he noted it was a local contractor. Mayor Pro Tem Harnik moved to, by Minute Motion: 1) Award subject contract for Landscape Maintenance Area No. 1 to Kirkpatrick Landscaping Services, Inc., Indio, California, for a one-year term in the amount of $119,280; 2) include extra repair work and services in an amount not to exceed 20% of the contract amount ($23,856); 3) authorize Mayor to execute said contract — funds are available in General Fund Account E PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2016 No. 1104614-4337001 - Repair/Maintenance Medians and Assessment District Account No. 2764374-4332000 - Haystack Drainage Channel. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 16 TO CONSERVE LANDCARE IN THE AMOUNT OF $150,660, PLUS AN AMOUNT NOT TO EXCEED 20% OF THE CONTRACT AMOUNT ($30,132) FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C34850, PROJECT NO. 916-16). Councilman Jonathan noted he would be abstaining from discussion and vote on this matter due to a potential conflict of interest and left the Council Chamber. Mr. Greenwood stated this was a landscape maintenance contract for parks in the northern and eastern part of the City, and he noted it was a local contractor. Councilmember Weber moved to, by Minute Motion: 1) Award subject contract for Landscape Maintenance Area No. 16 to Conserve LandCare, Thousand Palms, California, for a one-year term in the amount of $150,660; 2) include extra repair work and services in an amount not to exceed 20% of the contract amount ($30,132); 3) authorize Mayor to execute said contract — funds are available in General Fund Account No.1104611-4332001 - Repair/Maintenance Landscaping Services. Motion was seconded by Harnik and carried by a 4-0 vote (AYES: Harnik, Tanner, Weber, and Spiegel; NOES: None; ABSENT: Jonathan). D. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 18 TO CONSERVE LANDCARE IN THE AMOUNT OF $78,180, PLUS AN AMOUNT NOT TO EXCEED 20% OF THE CONTRACT AMOUNT ($15,636) FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C34860, PROJECT NO. 918-16). Councilman Jonathan noted he would be abstaining from discussion and vote on this matter due to a potential conflict of interest and left the Council Chamber. Councilman Tanner moved to, by Minute Motion: 1) Award subject contract for Landscape Maintenance Area No.18 to Conserve LandCare, Thousand Palms, California, for a one-year term in the amount of $78,180; 2) include extra repair work and services in an amount not to exceed 20% of the contract amount ($15,636); 3) authorize Mayor to execute said contract — funds are available in General Fund Account No.1104611-4332001 - Repair/Maintenance Landscaping Services. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Harnik, Tanner, Weber, and Spiegel; NOES: None; ABSENT: Jonathan). 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2016 E. REQUEST FOR AWARD OF CONTRACT FOR PROFESSIONAL ENGINEERING AND DESIGN SERVICES FOR THE LINE 4 DRAINAGE PROJECT TO MICHAEL BAKER INTERNATIONAL, INC., IN AN AMOUNT NOT TO EXCEED $281,744 (CONTRACT NO. C35310). Mr. Greenwood stated Palm Desert has a long and proud history of doing an outstanding job of flood control, and this project would address drainage issues in the north eastern part of the City. Although the annexation happened a number of years ago, this is the most recently annexed area of the City. Capital Improvement Project Funds are available forthis phase and subsequent phases of this project. Councilman Tanner moved to, by Minute Motion: 1) Award subject contract for Professional Engineering and Design Services for the Line 4 Drainage Project to Michael Baker International, Inc., Irvine, California, in an amount not to exceed $281,744; 2) authorize Director of Finance to set aside a 10% contingency in the amount of $28,174; 3) appropriate $309,918 from Unobligated Drainage Funds to Account No. 2324690-4400100 - Storm Drain Improvement; 4) authorize Mayor to execute said contract. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None), F. REQUEST FOR AUTHORIZATION TO INITIATE PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN, AND GRANTING PRELIMINARY APPROVAL OF THE ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2017 FOR CONSOLIDATED PALM DESERT LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO. 1. Councilman Tanner moved to waive further reading and adopt: 1) Resolution No. 2016 - 37, initiating proceedings to levy and collect the annual assessments for Fiscal Year 2017 for Consolidated Palm Desert Landscaping & Lighting Maintenance District No. 1; 2) Resolution No. 2016 - 38, declaring the intent to levy and collect annual assessments within, and granting preliminary approval of the Engineer's Annual Levy Report for Fiscal Year 2017 for Consolidated Palm Desert Landscaping & Lighting Maintenance District No. 1. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Harnik, Tanner, Weber, and Spiegel; NOES: None; ABSENT: Jonathan). 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2016 G. REQUEST FOR AUTHORIZATION TO INITIATE PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR FISCAL YEAR 2017 FOR CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1. Ms. Moore stated staff was asking to initiate proceedings to levy the taxes. Councilman Tanner moved to waive further reading and adopt Resolution No. 2016 - 39, declaring the intent to levy the annual assessment for Fiscal Year 2017 for the Palm Desert Benefit Assessment District No. 1, pursuant to the Benefit Assessment Act of 1982, and appointing a time and place for the public hearing on these matters. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). H. CONSIDERATION OF A CITY COUNCIL LIAISON APPOINTMENT TO THE EL PASEO BUSINESS IMPROVEMENT DISTRICT. Economic Development Manager Ruth Ann Moore noted the staff report and offered to answer questions. Responding to question, she said the meetings run from 8:00 a.m. to 10:00 a.m. Councilmember Weber stated she was interested, but she already had a 9:30 a.m. meeting on Thursdays. Councilman Tanner said he would be happy to serve as the City's liaison, and Mayor Pro Tern Harnik offered to be the alternate. With City Council concurrence, Councilman Van G. Tanner was appointed as the City Council liaison to the El Paseo Business Improvement District, and Mayor Pro Tern Jan C. Harnik was appointed as the alternate on a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XV. CONTINUED BUSINESS A. ORDINANCE NO. 1305 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING 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 (Continued from the meeting of April 14, 2016). Mayor Spiegel stated it was the intent of the City Council to continue this item to an indefinite time. MR. JONO HILDNER, Highway74, Palm Desert, pointed out that the agenda indicates the recommendation is to waive further reading and adopt the Ordinance, so he was not aware that Council was intending to continue this 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2016 item. He had prepared a written testimony for the meeting that occurred two weeks ago, but he was unable to attend it. Therefore, he provided Councilmembers a copy of his typed statement and submitted a copy to the City Clerk and is of record in the Office of the City Clerk. Lastly, if this item is continued to a future date, and there is a process that involves the park owners and park residents as the Council looks to make changes and amendments, unlike the process that was initiated previously, he asked that Council direct staff to provide new members for the Council to appoint to the Board, so that there is a functioning Rent Review Board while this Ordinance is under consideration. He said the economy has changed a lot in the last seven years so he expects that the Council will see requests for rent increases. He thanked the Council for its consideration, stating he was available to answer any questions on the typed statement he provided. Councilman Tanner moved to, by Minute Motion, continue this item to a date uncertain. Motion was seconded by Harnik. Councilman Jonathan inquired as to the timing expected, because there are a lot of people concerned about the issue. Mr. Hargreaves stated that it was discussed to have a series of meetings, having the mobile parks designate a couple of representatives in order to have focused discussions. Given the onset of the summer months when people are not around, staff probably wouldn't have anything until the fall when interested people are back in the Valley before trying to do anything. The idea is to generate an ongoing dialogue. Mayor Spiegel called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). Later in the agenda, MS. MARI SCHMIDT approached the dais to speak on this item. She thanked the Council for again doing the right thing by continuing this matter. She said the Council has no idea how upsetting this issue is, and for the Council to take its time on it was so important. B. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO CONTRACT NO. C30140 WITH TY LIN INTERNATIONAL FOR ADDITIONAL ENVIRONMENTAL CLEARANCE SERVICES FORTHE MID -VALLEY BIKE PATH PROJECT (PROJECT NO. 707-07) (Continued from the meeting of April 28, 2016). Mr. Greenwood stated this item is being pulled from the agenda while staff considers its options in a comprehensive manner. Councilman Tanner moved to, by Minute Motion, withdraw this item from the agenda. Motion was seconded by Harnik. 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2016 Councilman Jonathan said he thought this project had been in the process for a number of years, so he didn't understand why this item was being pulled. Mr. Greenwood explained that staff wants to look at this project as it relates to the CV Link, the El Dorado West potential bike path, and make sure funds are applied to the best project. Councilman Jonathan said that concerned him. Therefore, he requested a study session once staff has completed its review so that a policy decision can be made as a Council. Mr. Greenwood agreed, stating that was the intent. Mayor Pro Tern Harnik said this matter had been in play for a while, in fact, the last vote was taken in August 2010. However, this issue needs reviewing to see if it needed a bike path next to the railroad, and there is a meeting on the schedule where all Councilmembers will be able to discuss and see if it's the best way to spend the money. Responding to question, she said this was CMAQ (Congestion Mitigation and Air Quality) funding, and staff will see if funds can be reallocated to a better project that makes more sense for the City. She said there will be findings that staff will present to the City Council. Mr. Greenwood added that staffs ultimate recommendation will come back before the City Council. He said staff wants the chance to comprehensively look at all of these bike facilities and then give the Council it's strongest recommendation. Further responding, he explained that he had asked for this item to be withdrawn because when it comes back, it will likely have a different title. Mayor Spiegel called for the vote and it carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF OUTSIDE AGENCY FUNDING COMMITTEE RECOMMENDATION FOR FISCAL YEAR 2016-2017 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING AND ONE-YEAR ACTION PLAN. Ms. Riddle reported that through the open application process, the City received thirteen (13) applications, four (4) of which were for capital 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2016 improvements and nine (9) for public service activities. The Committee recommended approval of eleven (11) applications, four (4) of them for capital improvement and seven (7) for public service. One of the recommendations was to consider awarding $6,500 toward turf removal at the Joslyn Center. Staff met with Josyln Center staff and contractor who has been doing work there; however, the project was not feasible because the remaining court yard area, which is quite large, would be more expensive. The Committee felt that if money was put toward it, it would cause the project to be prevailing wage. Therefore, the Committee recommended that the $6,500 go toward the Ranch Recovery Center instead. Councilman Jonathan inquired on the recommendation to award $25,000 to the Desert Aids Project. He asked if the organization served Palm Desert residents and had a Palm Desert presence. Ms. Riddle explained that some of the organizations that are funded are not physically located in Palm Desert, but they provide services to Palm Desert residents, which qualifies them to be funded. Mayor Pro Tern Harnik added that Desert Aids serves Valley -wide, stating their medical services are for anyone throughout the Valley, and they now provide dental services as well. Councilman Jonathan stated that on the Public Service Programs, he noticed $5,000 is being recommended to Catholic Charities, and on the face of it he was uncomfortable, in terms of using public tax dollars for a faith -based organization with regards to separation of church and State. Ms. Riddle replied that if Catholic Charities was using the funding for any type of faith -related activities, they would not qualify to be funded. However, they are providing a service to the community under the non-profit section, which allows them to apply for funding. They provide food, vouchers, etc., to people that need assistance of some nature. Further responding, she confirmed the program provided the services without regard to religious affiliation, adding that Catholic Charities cannot require people to participate in services or religious activities in order to take advantage of their program, and the City would ensure it was not happening. She said the same could be said for the Coachella Valley Rescue Mission, stating their premise years ago required anyone that received their services had to participate, but they no longer do that. Councilman Jonathan said he was familiar with Coachella Valley Rescue Mission, but not with Catholic Charities. He just wants to make sure the City was not misusing public tax dollars for religious purposes. Ms. Riddle responded staff monitors to ensure it's not happening. 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2016 Mayor Spiegel declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, he declared the public hearing closed. Mayor Pro Tern Harnik moved to, by Minute Motion: 1) Approve Outside Agency Funding Committee recommendation for FY 2016-2017 CDBG Funding as proposed; 2) approve FY 2016-2017 CDBG One -Year Action Plan; 3) authorize the Interim City Manager to sign FY 2016-2017 CDBG One -Year Action Plan Certifications; 4) authorize staff to submit the FY 2016-2017 CDBG One -Year Action Plan to the U. S. Department of Housing and Urban Development (HUD). Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meetinq Summaries Report for the Period of April 19-29, 2016. With City Council concurrence, the City Manager Meeting Summaries were received and filed. 2. Appointment of Director of Finance Janet M. Moore Mr. McCarthy introduced the new Directorof Finance Janet M. Moore, who is stepping into the vacant position of former Director of Finance Paul Gibson. He said Janet has served the community for about 28 years, and he could attest to her management ability as she effectively managed him for about 8 years as her supervisor. B. CITY ATTORNEY None C. CITY CLERK Announcement of City Council Study Session for Thursday, May 26, 2016, at 2:00 p.m. in the Administrative Conference Room Regarding the Golf Course Operations Market Study. 2. Announcement of Joint City Council -Planning Commission Study Session for Thursday, June 9, 2016, at 2:00 p.m. in the Administrative Conference Room Regarding the City's General Plan Update Process. Councilmembers took note of the upcoming scheduled Study Sessions. 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2016 D. PUBLIC SAFETY Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilmember Susan Marie Weber's Meetina Summaries Report for the Period of April 18-30, 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 Van G. Tanner Reports/Comments i) Mr. Tanner reported he attended the Riverside County Office of Education Annual Awards Banquet where they honored Michelle Cherland who was voted by her peers to be Teacher of the Year in the State of California. ii) The Ophelia Project Luncheon. He thanked City staff for reaching out to the Ophelia students, stating the middle school and high school has a program that mentors young ladies. He said there was good representation from the City of Palm Desert at the event. B) Councilman Sabbv Jonathan Reports/Comments i) He congratulated Mr. Eric Ceja on his promotion as City of Palm Desert Principal Planner, stating he's known Mr. Ceja and his family since Eric was a young man. He said Palm Desert was fortunate to have Eric, and he looked forward to more great things from him. ii) Alerted everyone that Officer Robertson, a motor officer, heard the call for a distressed individual who was making gurgling noises, and it turned out he was having a heart attack. Because he was nearby, he responded quickly, took the gentleman out of his car, gave him immediate resuscitation, 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2016 and in all likelihood saved his life. He said too often the media covers negative events, yet there are so many of these positive events happening; the City is fortunate to have such caring individuals serving the community. On behalf of the City Council, he asked that the City's appreciation be extended to Officer Robertson and the rest of the staff. c) Mavor Pro Tem Jan C. Harnik Resorts/Comments i) She and Councilman Tanner attended the League of California Cities Division Meeting, which was held in Palm Springs. She said there is an issue coming before cities with a population of 50,000 or more, but there is also an issue with cities with a population of 14,000, having to do with "Districting." She believed this was political correctness gone array, because districting a small city like Palm Desert was very unproductive. She added that all the cities that voted on it when it was on a ballot, voted it down. It' also been fought legally, but they have all lost. ii) She announced there was another private donation to Cal State San Bernardino - Palm Desert Campus, adding that the entire campus was built with private funds, and the most recent donation was from Peggy Cravens, and the City thanks her for it. iii) She said it was nice to see the Palm Springs Convention & Visitors Bureau (CVB) news release where the focus is on outdoor activities, and that is in fact the way Coachella Valley is being sold these days; it's what attracts tourism. She said the CVB has the finger on the pulse and they have figured this out. iv) She thanked Principal Planner Eric Ceja for obtaining the grant from Southern California Association of Governments (SCAG) for the Vision San Pablo Event. d) Mavor Robert A. Spiegel Reports/Comments i) Children's Art & Essay Contest - took place in the Council Chamber and it was standing room only. He said it's one of those things the City does that is good for the community. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2016 3. Council Consideration of Travel Reauests and Resorts: None XIX. ADJOURNMENT With City Council concurrence, Mayor Spiegel adjourned the meeting at 4:56 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR 19