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HomeMy WebLinkAboutPrelim - CC - 07-14-2016DRAFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 14, 2016 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 CALL TO ORDER - 3:00 P.M.* * Please refer to the agenda and minutes of the Special City Council Meeting of Thursday, July 14, 2016, convening at 2:00 p.m. in order to conduct an expanded Closed Session. The Special Meeting was adjourned at 3:43 p.m. and the Regular Meeting was immediately convened at 4:00 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 Janet M. Moore, Director of Finance & Housing/City Treasurer Lori Carney, Director of Human Resources Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Stephen Y. Aryan, Risk Manager Dan Talbot, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)* None PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 IV. ADJOURN TO CLOSED SESSION * Reauest for Closed Session: Please refer to the Posted Agenda for the Special Palm Desert City Council Meeting, convening at 2:00 p.m. on July 14, 2016, for the purpose of conducting an expanded Closed Session. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None Mayor Spiegel stated that one week ago tonight, in Dallas, Texas, five police officers were killed and seven others were wounded in the line of duty. It was the deadliest attack on law enforcement in America since September 11, 2011. The officers that were killed were doing their job of protecting the public. The public concluded citizens exercising their constitutional rights to protest and march. The fact that the marchers were thereto condemn police actions, did not matter to those brave officers. They continued to do their job under deadly fire, protecting the protesters, and in some cases, with their own bodies. Tonight our thoughts and prayers are with the injured and with family and friends of the heroic officers who gave their all in their service to their community, stating we all mourned with them. He said Palm Desert was fortunate to have its own brave group of men and women who serve and protect our City every day. On behalf of the City Council and the community as a whole, he thanked the members of the Palm Desert Police Department for their skill, bravery, and dedication, and sends its deepest gratitude and appreciation for the difficult and dangerous job they do. He saluted the Police Department and all first responders fortheir professionalism and everything they do for the community. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Spiegel invited the representatives in attendance from the Boys Scouts of America to lead the Pledge of Allegiance. VII. INVOCATION - Councilman Jonathan commented that taking an innocent life was reprehensible, but taking the life of first responders who devote their life to serving and helping others, is beyond reprehensible. He said this moment of silence was devoted to honor the lives of the five officers that were slain in Dallas, Texas on July 7. 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 VIII. ORAL COMMUNICATIONS - B MR. TERRY COLLIER, Ajo Lane, Palm Desert, shared that three months ago one of his granddaughters passed away from a drug overdose, and three weeks ago, another granddaughter reached out for help, stating she's afflicted with Methamphetamine. He praised her for admitting to the issue, which could bring about a full recovery. He was in favor of the concept of constructing the wall along the border, stating it will go a long way at helping to stop the scourge of drugs being inflicted into our communities and address all the immigration issues as well. Additionally, it will help local law enforcement. After the wall is built, he believed the Coast Guard needed to be beefed up from California up onto Washington and across the gulf and around Florida, stating all these efforts will take a bite out of organized criminal activity that is going on and affecting those in this country. MS. LINDA THIBAULT, Nice Court, Palm Desert, requested the City Council revisit the CV Link. She recognized it was conceived as a wonderful recreational concept, but due to the lack of support from the other cities, she worried about Palm Desert having to foot the bill alone. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING FRIDAY, JULY 15, 2016, AS "SISTER CITIES INTERNATIONAL DAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Pro Tern Harnik presented the proclamation to the President of the Palm Desert Sister Cities Foundation Rosemary Ortega. Ms. Ortega stated that on behalf of the Foundation, she was privileged and honored to accept the proclamation. In view of everything that has happened recently in the country and abroad, she could not emphasize enough how important it was to have citizen diplomats who are trying to bridge the gaps across cultures. She noted there were a few Board Members of the Sister Cities Foundation in attendance that are honored to be representing the City of Palm Desert in the two cities of Ixtapa-Zihuatanejo, Mexico, and Gisborne, New Zealand. Because of Council's support and commitment to their mission, the Foundation has been the recipients of multiple awards on a national basis. On another note, as a member of the Ortega family, she presented to the Council a gift from Sister City Ixtapa-Zihuatanejo that was given to her late husband and former City Manager of Palm Desert Carlos Ortega, an artwork of the City's logo that was handmade. She would be very happy and honored if it could be displayed somewhere in the City as a reminderof Palm Desert's commitment 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 and support to the Foundation throughout the years. She's been part of the Foundation since its inception in 1999, and it was in this Chamber, the late Roy Wilson and a former Mayor of the City, welcomed the idea of having the sister cities. Also hanging in the Chamber is a beautiful art piece from Gisborne, New Zealand, which serves as a reminder of the City's participation along with other organizations that have collaborated with the Foundation on several projects and programs. Additionally, in the past few years, they've had two members from the Palm Desert Youth Committee serve on their Board, which they are grateful for as well. X. CONSENT CALENDAR A. MINUTES of the Adjourned Regular City Council Meeting of June 30, 2016. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 6/24/2016 and 6/30/2016. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 6/17/2016, 6/24/2016, 6/30/2016, and 7/1/2016 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for May 2016 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. E. AUDIT. INVESTMENT & FINANCE COMMITTEE MINUTES forthe Meeting of May 24, 2016. Rec: Receive and file. F. RESOLUTION NO. 2016-63 - 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 1993 to 1995 (Exhibit A). Rec Waive further reading and adopt. 4 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 G. RESOLUTION NO.2016-64 - 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, as Indicated on the Records Retention Schedule (Adopted May 14, 2015) — Records from 2002 through 2011 (Exhibit A). Rec: Waive further reading and adopt. H. REQUEST FOR APPROVAL of the City of Palm Desert's Contribution to the Joslyn Center's Fiscal Year 2016-2017 Capital Improvement Program Budget in the Amount of $32,085. Rec: By Minute Motion: 1) Appropriate $32,085 from Account No. 2314164-4400100; 2) approve the FY 2016-2017 Joslyn Center Capital Improvement Program Budget as presented and Palm Desert's Year Three Contribution in the amount of $32,085. REQUEST FOR AUTHORIZATION to Streamline the Use of Vendors for the Human Resources and Risk Management Departments by Approving the Authorized Vendors and Service Providers List for Fiscal Year 2016-2017. Rec: By Minute Motion, approve the Authorized Human Resources and Risk Management Department Vendor and Service Providers List for FY 2016-2017 — expenditures included in the FY 2016-2017 Budget; therefore, no fiscal impact. J. REQUEST FOR APPROVAL of Renewal of Contract with the Law Firm of Liebert Cassidy Whitmore (LCW) to Maintain the City's Membership in the Coachella Valley Employment Relations Consortium (Contract No. C21527). Rec: By Minute Motion, approve renewal of subject contract with Liebert Cassidy Whitmore (LCW), Los Angeles, California, for membership in the Coachella Valley Employment Relations Consortium —funds for this purpose are available in Account No. 110-4154-415-3121. K. REQUEST FOR APPROVAL of Two -Year Renewal of Contract with Delta Dental through June 30, 2018, and Approval of Amendment No. 10 Thereto, Allowing for Amended Termination Language and Revisions to Appendix B: Code on Dental Procedures & Nomenclature (Contract No. C27650). Rec: By Minute Motion, approve Amendment No. 10 to subject contract with Delta Dental through June 30, 2018, and the Mayor to execute same. 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 L. REQUEST FOR APPROVAL of Two -Year Renewal to Vision Service Plan Agreement through June 30, 2018, with Rate Change (Contract No. C32510). Rec: By Minute Motion, approve renewal to Vision Service Plan Agreement through June 30, 2018, and authorize Mayor to execute same. M. REQUEST FOR AUTHORIZATION to Finalize Negotiation and Execute 60-Month Lease of a Neopost Mailing System for the City of Palm Desert (Contract No. C35470). Rec: By Minute Motion, authorize: 1) Staff to finalize negotiation of 60- month Lease Agreement for a Neopost IN-700 Mailing System for the City of Palm Desert, effective August 2016; 2) Mayor to execute said Lease Agreement, subject to satisfaction of the City Attorney — funds in an amount not to exceed $5,500 are available in the FY 2016-2017 Budget, Account No. 1104159-4342000 - Office Equipment -Rental, and will be programmed accordingly in subsequent years. N. REQUEST FOR APPROVAL of the 2016 Fall Concert Series. Rec: By Minute Motion: 1) Approve the 2016 Fall Concert Series Schedule; 2) approve Contract No. C35480A with Robert Elfaizy in the amount of $4,550; 3) approve Contract No. C35480B with Calvin Anderson in the amount of $2,200; 4) approve Contract No. C35480C with Mano Mirande in the amount of $1,900; 5) approve Contract No. C35480D with Leftover Cuties in the amount of $4,000; 6) authorize Mayor to execute said contracts; 7) authorize expenditure with Studio Instrument Rentals (SIR) of Palm Springs in the amount of $8,800 for Professional Staff, Instrumental Equipment, and Sound and Lighting Services in conjunction with the Concerts (Contract No. C35360); 8) authorize expenditure with Alpha Media in an amount not to exceed $6,000 for radio promotion and live remotes in conjunction with the Concert Series; 9) authorize miscellaneous expenditures in an amount not to exceed $3,000 for production of the 2016 Fall Concert Series —funds are available in Account No. 1104416-4306100. O. REQUEST FOR APPROVAL of the Purchase of Artwork Entitled Enduring Tradition by Gerald Clarke Jr. In the Amount of $12,960 and Authorization of an Additional $3,500 in Related Expenses for Same (Contract No. C35490). Rec: By Minute Motion: 1) Approve the purchase of Enduring Tradition by Gerald Clarke Jr. in the amount of $12,960, inclusive of tax, and of $3,500 in related expenses for the purchase — totaling $16,460; 2) authorize Mayor to execute a Contract to Purchase the Artwork — funds are available in Account No. 4364650-4400100. AX PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 P. REQUEST FOR APPROVAL of Sponsorship in the Amount of $25,000 with Desert Biennial for the DesertX Exhibition and for Installation of a Sculpture at Cap Homme/Ralph Adams Park During Length of the Exhibition (Contract No. C35500). Rec: By Minute Motion:1) Approve a sponsorship in the amount of $25,000 with Desert Biennial for its DesertX Exhibition to be held February 22- April 30, 2017 — funds in the amount of $10,000 are available in the Public Art Fund - Account No. 4364650-4400100, and funds in the amount of $15,000 are available in the Marketing Department Budget, Account No. 1104417-4309000; 2) authorize staff to finalize negotiations of the Sponsorship and Land Use Agreement with Desert X and authorize Mayor to execute same, subject to the satisfaction of the City Attorney; 3) grant use of Cap Homme/ Ralph Adams Park to Desert Biennial from January 9-May 30, 2017; 4) waive all permit and inspection fees associated with Desert X. Q. CONSIDERATION of a Letter of Opposition for SB 133 (McGuire) — Transient Occupancy Taxes (TOT). Rec: By Minute Motion, approve a letter of opposition for SB 133 (McGuire). R. REQUEST FOR AUTHORIZATION to Release Maintenance Security on File for Improvements to Tract No. 36554 (Pearwood Ventures, LLC, Applicant). Rec: By Minute Motion, authorize City Clerk to release the Maintenance Bond on file for improvements to Tract No. 36554. S. REQUEST FOR AUTHORIZATION to Release Maintenance Securityon File for Improvements to Tract No. 36554-1 (Pearwood Ventures, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the Maintenance Bond on file for improvements to Tract No. 36554-1. T. REQUEST FOR AUTHORIZATION to Release Maintenance Security on File for Improvements to Tract No. 36554-2 (Pearwood Ventures, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the Maintenance Bond on file for improvements to Tract No. 36554-2. 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 Consent Calendar was approved as presented. FA PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF FUNDS AND PAYMENT TO SUNGARD PUBLIC SECTOR FOR ANNUAL COMPUTER SOFTWARE MAINTENANCE IN THE AMOUNT OF $60,715.05. Ms. Carney stated this was a regular annual maintenance fee for the existing software being used for City operations. Mayor Pro Tern Harnik commented she was excited to see the City moving over to the new program, but in the meantime, the current program had to be maintained. Mayor Pro Tern Harnik moved to, by Minute Motion, approve payment to SunGard Public Sector in the amount of $60,715.05 to provide computer software maintenance for one year— funds are available in Account No. 1104190-4336000. Motion was seconded by Weber 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 JULY 14, 2016 B. REQUEST FOR AWARD OF CONTRACT TO CROP PRODUCTION SERVICES IN AN AMOUNT NOT TO EXCEED $158,215.16 FOR PURCHASE OF 140,000 POUNDS OF RYE GRASS SEED FOR THE DESERT WILLOW GOLF RESORT (CONTRACT NO. C35400). Mr. Acosta stated this was a routine action item that is performed yearly about this time. The reason the purchase is done early is to get in line for the allocation of the proper blend required for the over seeding season at Desert Willow. Councilmember Weber said she understood the City is to take the lower bid, but every time it's done, Council inquires about local vendors participating, and in this case, the second and third bidders are well known locally. Therefore, it seemed odd that for a $300 difference staff was picking a vendor from out of town. Secondly, the person filling out the paperwork did not fill in the correct company name, which caused the City to create a contract with an incorrect company name. For a contract of this amount, those kinds of details are worth paying attention to for the future. She was disappointed with the selection given it's only a $300 difference and them not filling in the correct company name, stating she assumed the contract will get corrected prior to signing. Mayor Pro Tern Harnik noted the difference was more like $370. However, her question was on how the City defined "local vendor," because this vendor is located in San Jacinto. Mr. Acosta said the City responds to the region from the Coachella Valley into the pass area, stating it was not typically a stretch to go into the Hemet Valley for providers of these types of materials. The most important thing when reviewing this bids is that this particular blend, is a blend that Desert Willow has been administering, which meets the requirements for a professionally performing turf material and Crop Production Services has been one of the companies that has been providing it. In the absence of any strict policy for local preference, the City is forced to go with the lowest bidder, even if the difference is a dollar. He said the Course has had very good performance of the product they produce, and this vendor has always met the stringent specification of the mixed blend, adding they have been a reliable source for Desert Willow for a number of years. Councilman Jonathan stated that saying that the other two bidders are not qualified or less qualified is a departure from the staff report, but he was willing to circle back to that issue. However, he thought there was a three or five percent adjustment for Palm Desert -based companies, and if that's the case, the other two Palm Desert -based bidders would be below Crop Production Services proposal. 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 Mayor Pro Tern Harnik said she believed the Ordinance states "local" not "Palm Desert based." Mr. Acosta explained it was on a demand basis, stating the company had to request it, and that was not part of bids that were submitted in this particular instance. Mayor Spiegel asked about the companies used in the past. MR. DEREK WHITE, General Manager at Desert Willow Golf Resort, responded that Crop Productions Services has been used for the last few years, but it didn't mean the other vendors couldn't provide the seed. He said it was up to whether or not the Ordinance permitted it, stating he would leave that to City policy. However, Crop Productions Service has a storefront in Coachella, which is fairly local, and is actually where it will get shipped from. Councilmember Weber stated she wasn't coming up with the same total of $158,215.16, and she didn't knowwhere the 8% sales tax computation came from, questioning if a different rate was being used. She asked if the numbers were checked by staff. Mr. Acosta stated he just got back in town, so he apologized for not checking the numbers. Councilmember Weber and Councilman Jonathan stated they didn't understand why staff used the 8.1 % sales tax. Councilman Jonathan suggested continuing this item. He went on to say that he considered the definition of "local" to mean Palm Desert -based businesses with Palm Desert -based employees, so Coachella wouldn't fit into that definition in his mind. He felt the City owes an obligation to Palm Desert businesses to support them in every way possible, if they are within the 3- to 5 percent differential and still qualified. The other thing he'd like staff to do is revisit the issue of preferential reduction of 3- to 5 percent in the process so that it would not require a vendor/applicant to proactively request it, but that the City automatically takes that into consideration. Mr. Acosta said it could be written into the bid specifications. Councilman Jonathan moved to continue this item to the meeting of July 28, 2016. Motion was seconded by Harnik. Mayor Pro Tern Harnik stated that if the Council was adamant about "local" meaning Palm Desert and thinking so parochial, the City needed to be careful, because so often those people that work in Coachella may be the 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 ones that live in Palm Desert and vice versa. She believed this issue had to be looked at as a whole Valley, because Palm Desert may find itself in a tough situation. However, she agreed Council needed clarification on the definition of "local," and its policy. Councilman Tanner pointed out that no one seemed concerned about the time line for ordering the seed or the mixtures needed for the Course. He sits on the Board of the Desert Willow President's Committee where this is discussed. Also, according to his math, he came up with the same numbers as staff. He asked Mr. White if delaying this for two weeks would cause a problem for his process of reseeding the Course. MR. WHITE replied he would have to talk to the superintendent, but his understanding is there is a smaller amount of seed available now than there used to be. However, he wasn't saying they are up against a tight deadline that he's aware of, but it would be a bigger concern if they had to wait until August 25, because over seeding starts in September. Further responding, he said the blend mixture was specified in the specifications so the other two companies would be able to provide the seed as well. Mr. Acosta noted the Course uses a special blend, and it has to do with how this particular turf responds to our climate, to the bugs, and animals, etc. MR. WHITE added that the soil is prepped for a certain type of seed, so if staff were to make changes, it may not have the same results. Mayor Pro Tern Harnik inquired about the 8.1 % sales tax that is in the specifications and bid document. Ms. Moore said she wasn't sure if that was because the company is located in San Jacinto, but she will look into it. Mr. McCarthy noted the City has an Ordinance for a preferential 5%, and there appears to also be a collaboration with other Coachella Valley cities to offer the same type of consideration so that Palm Desert is not prejudicial toward one city or another within the Valley. He said staff will bring information on that Ordinance when this item is returned for Council's consideration. Councilman Tanner stated that if the preferential 5% is not included in the specifications, nobody is going to ask for it. If these three companies are considered local businesses, than all three of them could potentially qualify for the preferential 5%. Therefore, he believed the City needed to start including it into the specifications if they are local bidders. 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 Councilman Jonathan said he didn't want to see vendors increasing their bid because they will then know it will be decreased by 5%. Therefore, rather than advising them up front, he preferred staff to show the bid, reduce it by the 5%, if they qualify under the City's definition of "local," and then do a comparison. Councilman Tanner asked why not just include it in the spec's, which could eliminate some of the other bidders. Councilman Jonathan replied he had concerns about that, but it could be discussed further in two weeks. Mayor Spiegel called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel: NOES: None). C. REQUEST FOR AUTHORIZATION OF FUNDING OF EVENTS FOR FIRST WEEKEND 2016-2017. Management Analyst Deborah S. Glickman stated staff was looking forward to another successful First Weekend Season, and in order to do that, there are several featured events scheduled with two of them being highlighted in the staff report. One of the events is "Street," which is a partnership with the Westfield Mall, and the other is "Swing 'N Hops Street Party" being produced by the City. Councilman Jonathan said he loved both events, mainly because they were innovative, new, and different. However, as good and as wonderful as they are, he wouldn't want to see the same thing ten years from now. He asked if there was a plan to mix or change things up down the line. Ms. Glickman responded that both events are going on their second year. She agreed that in order to keep the events fresh, they will have to keep growing and changing. If the Swing 'N Hops keeps getting bigger, it will make sense to stay with it, otherwise there are lots of dance movements or themes to go toward. With the Street Event, she knew Westfield is working on growing the event as they go. Mayor Pro Tern Harnik moved to, by Minute Motion: 1) Approve sponsorship in the amount of $20,000 with Westfield Palm Desert for the November 4, 2016, First Weekend Event entitled STREET to be located on the top floor of the western parking structure — funds are available in Account No. 1104416-4306201 (Contract No. C35510); 2) authorize staff to finalize negotiations of the subject contract with Westfield for STREET and authorize Mayor to execute same, subject to satisfaction of the City Attorney; 3) approve expenditure in the amount of $45,000 for the February 4, 2017, First Weekend Event entitled Swing 'N Hops Street Party to be located on El Paseo between San Pablo Avenue and Larkspur Lane — funds are available in Account No. 1104416-4306101; 4) authorize 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 closing a portion of El Paseo on February 4, 2017, between San Pablo Avenue and Larkspur Lane for the Swing 'N Hops Event; 5) authorize the sale and consumption of alcoholic beverages on City -owned property in association with all First Weekend Events, including STREET and Swing 'N Hops Street Party. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel: NOES: None). D. REQUEST FOR APPROVAL OF A PROFESSIONAL SERVICES CONTRACT IN AN AMOUNT NOT TO EXCEED $95,382 WITH SARGENT TOWN PLANNING, INC., FOR PROFESSIONAL LANDSCAPE ARCHITECTURE AND URBAN DESIGN SERVICES FORTHE SAN PABLO AVENUE STREET IMPROVEMENT PROJECT (CONTRACT NO. C35520). Principal Planner Eric Ceja recalled for the Council that the City hosted the Vision San Pablo Event to highlight the proposed changes to the San Pablo Avenue Corridor as a vision of the General Plan, which includes a roundabout, better pedestrian and bicycle infrastructure, and "road diet," reducing the number of lanes. With that event, staff and the City received overwhelming positive feedback for the proposed street improvements, and given there is momentum and high support for the improvements, a team of internal City staff considered making this vision a reality within a tight timeline. Staff is hoping to make some of these improvements for the community within the next two years. The team consists of City staff with various backgrounds that includes Economic Development, Planning, Public Works, Finance, and Department of Special Programs. Essentially, the team has concluded that in order to make the right improvements to San Pablo, it's important to hire a professional to assist with the design and related elements that go into it. Therefore, staff recommended approval of the professional services contract with Sargent Town Planning, Inc., who is currently involved with the City's General Plan Update. Since they're the ones who actually did all the conceptual drawings for San Pablo, it was thought that by using this firm staff can kind of hit the ground running, because they are already up-to-date with everything. Councilman Jonathan thanked Mr. Ceja and the team for moving forward with this, because some on the Council had expressed impatience in seeing this wonderful project get started. Councilman Jonathan moved to, by Minute Motion: 1) Add San Pablo Avenue Corridor Improvements to the 5-Year Capital Improvement Program (CIP) listing and define it of high importance; 2) authorize the subject contract request in an amount not to exceed $95,382 with Sargent Town Planning, Los Angeles, California, for Professional Landscape Architectural and Urban Design Services; 3) appropriate $95,382 from Unobligated General Fund monies to Account No. 4004430-5000101 for this expense; 4) authorize the 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 Mayor to execute said contract. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel: NOES: None) E. REQUEST FORAPPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT, PALM DESERT CHARTER MIDDLE SCHOOL, AND THE CITY OF PALM DESERT AS IT RELATES TO PARTICIPATION IN THE AFTER SCHOOL PROGRAM AT PALM DESERT CHARTER MIDDLE SCHOOL (CONTRACT NO. C35530). Ms. Riddle stated this was the sponsorship for the After School Program at Charter Middle School. The after school program is designed to provide a safe and structured place for student to focus on their homework and other academic and recreational activities until their parents pick them up. Mayor Pro Tern Harnik commented this was absolutely part of the City's Strategic Plan Objectives, stating the program was in line with keeping the youth safe, educated, and healthy, and she supported the recommendation. Mayor Pro Tern Harnik moved to, by Minute Motion, authorize the Mayor to execute the subject MOU between Desert Sands Unified School District, Palm Desert Charter Middle School, and City of Palm Desert relative to the After School Program and Palm Desert Charter Middle School — funding in the amount of $75,000 was included within the FY 2016-2017 Budget in Account No. 1104800-43899201. 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 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT AND THE CITY OF PALM DESERT AS IT RELATES TO PARTICIPATION IN THE AFTER SCHOOL PROGRAM AT LINCOLN ELEMENTARY SCHOOL (CONTRACT NO. C35540). Ms. Riddle and Mayor Pro Tern Harnik echoed the same comments for approval as they provided for the previous item on the agenda (Section XIV- New Business Item E), but for a different school. Mayor Pro Tern Harnik moved to, by Minute Motion, authorize the Mayor to execute the subject MOU between Desert Sands Unified School District and the City of Palm Desert relative to the After School Program at Lincoln Elementary School — funding in the amount of $75,000 was included within the FY 2016-2017 Budget in Account No. 1104800-4389201. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel: NOES: None). 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 G. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH KEYSER MARSTON AND ASSOCIATES FOR HOTEL FEASIBILITY ANALYSES (CONTRACT NO. C35550). Mr. McCarthy explained that he and staff were requesting the engagement of Keyser Marston and Associates to assist the City in helping to structure and negotiate a private/public partnership agreement, and also validate whatever level of participation might be required to facilitate the Quicksilver Project and for any other potential hotel projects it might engage in. Staff has used this vendor in the past, as they have been very helpful in structuring other financial agreements, such as the El Paseo Hotel. He recommended approval of the recommendations. Councilman Tanner stated that as the City is moving forward with the General Plan, he thought it was wise to get help in structuring what the City will be doing with the North Sphere, etc. Councilman Tanner moved to, by Minute Motion, approve a Professional Services Agreement with Keyser Marston and Associates, Los Angeles, California, for Hotel Feasibility Analyses in an amount not to exceed $50,000 — funds are available in Account No. 1104159-4309000. Responding to question, Mr. McCarthy said Keyser Marston and Associates will be utilized until this particular contract expired. The City has a reimbursement provision within the agreement it's trying to consummate with the Quicksilver, so some of these costs would be defrayed by the reimbursement. As for this contract, staff will keep Keyser Marston and Associates engaged as long as the City was in negotiations, stating the process could last six months. Further responding, he confirmed that if there are funds left, they could be used when negotiating for other hotels as well. However, if additional funding is needed, he will bring it back to Council for consideration to add more funds. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel: NOES: None). XV. CONTINUED BUSINESS None 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) AND THE COUNTY OF RIVERSIDE FOR THE DESIGN, RIGHT-OF-WAY, AND CONSTRUCTION PHASES OF THE PORTOLA AVENUE/INTERSTATE 10 INTERCHANGE PROJECT (CONTRACT NO. C27730B). Mr. Greenwood stated the proposed Amendment assigns the County of Riverside as the lead agency for the Portola Avenue Interchange and replaces Palm Desert as the lead; however, Palm Desert will still be a significant partner in the project. Staff learned through the Monterey 1-10 Interchange that the City wasn't staffed at a level where it could devote enough time to make this project happen in a timely manner. He said the County is staffed to design and build a number of interchanges, and they have agreed to take over the lead. Councilman Jonathan moved to, by Minute Motion: 1) Approve Amendment No. 1 to the subject Reimbursement Agreement with CVAG and the County of Riverside for the Design, Right -of -Way, and Construction Phases of the Portola/1-10 Project; 2) authorize Mayor to execute the Amendment — no fiscal impact associated with this action. Motion was seconded by Tanner. Councilman Tanner said people have inquired about the time frame, specifically around the Portola Avenue area, stating there has been no date given on when it could potentially start. He asked if by assigning the County as the lead agency, if they had the ability to postpone the construction and/or start construction after the Jefferson Street Interchange is complete. Mr. Greenwood explained the Valley -wide Agreement is that Portola Avenue is the next interchange after Jefferson, which is well under construction and Portola is well into the environmental phase. The City has been planning the Portola Interchanged for a dozen years, stating it was in the 2004 General Plan. He supposed that by the County of Riverside being the lead, they could delay it, but the project is planned in the financial books for the year 2022 for construction. The environmental process will take several more years, so staff is lining up for 2020 at best. Mayor Spiegel called for the vote and the motion 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 JULY 14, 2016 XVI1. PUBLIC HEARINGS A. CONSIDERATION OF ACTIONS RELATING TO THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2016-2017. Deputy City Treasurer Thomas Metz stated this item deals with the proposed renewal of President's Plaza III Property and Business Improvement District for Fiscal Year 2016-2017. Staff recommended the following: 1) City Council open the public hearing for the purpose of accepting testimony either in favor or against the proposed renewal; 2) at the conclusion of the testimony, close the public hearing and continue the item to later in the meeting; 3) staff to report to Council the balloting results. If the majority of ballots approve the proposed renewal, then staff also recommends that Council approved the related Resolutions having to do with the levy and collection of assessment for said District and appropriate $41,628 to Special Assessment District Fund No. 2892 for operations and maintenance costs for Fiscal Year 2016 - 2017. 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. Later in the evening Mr. Metz announced that he and Willdan Financial Services calculated the Property Owners Ballots and the results were as follows: Votes IN FAVOR of Renewal of the District - $18,750.63 or 67% of the total; Votes OPPOSED of Renewal of the District - $9,152.11 or 33% of the total. Mr. Metz reported that there was $9,599.52 more assessments IN FAVOR than OPPOSED. Therefore, the District is Approved. Councilman Jonathan moved to: 1) Waive further reading and adopt: a) Resolution No. 2016 - 65, declaring results of a Property Owner Protest Proceeding for the President's Plaza III Property and Business Improvement District, and approving certain related actions; b) Resolution No. 2016 - 66, approving and adopting the Management District Plan and the Engineer's Report for the President's Plaza III Property and Business Improvement District for Fiscal Year 2016-2017, and appointing an Owner's Association for said District; c) Resolution No. 2016 - 67, ordering renewal of the President's Plaza I I I Property and Business Improvement District, and the levy and collection of assessments for said District - Fiscal Year 2016-2017; 4) If District approved, by Minute Motion, appropriate $41,628 to Special Assessment District Fund No. 282 (President's Plaza III PBID, Zone 16) for operations and maintenance costs for Fiscal Year 2016-2017. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel: NOES: None). 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 B. REQUEST FOR APPROVAL OF 2016/2017 TAX ROLL BILLING AND EITHER OF OPTION A - BURRTEC ANNUAL PRODUCER PRICE INDEX RATE INCREASE, OR OPTION C - ANNUAL PRODUCER PRICE INDEX RATE INCREASE AND VEHICLE IMPACT/ROAD MAINTENANCE FEE. Ms. Riddle stated that in 2015, the City of Palm Desert renewed its contract with Burrtec Waste and Recycling, and also approved Tax Roll Billing. As part of that contract, certain items were to be considered for implementation in 2016, one of them being the Producer Price Index (PPI) with an exemption for Commercial, including fees and programs. The new Recycle Fee, new Vehicle Impact Fee, and Food Waste/Organic Recycle Program are to be brought forward for consideration in 2016, which are outlined in the staff report. The annual PPI for Commercial, as part of the agreement, included a three-year exemption for 2015, 2016, and 2017. Therefore, Commercial customers will not see an increase pertaining to the PPI. Burrtec is also extending that increase exemption to Residential customers for 2016 as well, which was not part of the agreement, but it's something they chose to do. However, the PPI does not include the County of Riverside Tipping Fee/Disposal Fee of $0.86 per ton for trash and $3.00 per ton for green waste, which will be a pass through to the customer. Pertaining to the negotiated items such as the Food Waste Program, staff is still working out the details, but it's anticipated that it will be brought back later in the year for consideration. In the staff report, staff provided options for City Council to consider with regard to the other two negotiated items, the new Recycle Fee and new Vehicle Impact Fee, which are as follows: Option A -PPI and Tipping Fee Only. She noted there is a rate increase included; Option B - PPI and Recycle Fee; Option C - PPI and Vehicle Impact Fee; Option D - Approval of Options A-C. The impacts for Residential are as follows: Option A is an $0.08 increase; Option B is an $0.81 increase; Option C is an $0.77 increase; and Option D would have an increase of $1.50. The impacts to Commercial is slightly different, in that for a Small to Medium Size Business, the increase ranges from $21.67 a month for Option C, and $43.10 a month for Option D. That applies to those that have a one 3-yard trash and recycle bin serviced three times a week. For a Medium to Large Business, the increase range is $113.70 per month for Option C, and up to $226.11 for Option D, and it applies to those that have a three 3-yard trash and recycle bin serviced five times a week. Therefore, as the service level increases or decreases, the rates too will increase or decrease. Since the City has an existing Recycle Fund and the expected depletion date is 2020 or 2021, at the current average expenditure, staff is looking at four or five years. If Council were to approve Option C, which would be the PPI and Vehicle Impact Fee, that would extend the Recycle Fees to potentially to 2022 or 2023, six to seven years. Therefore, Option C would extend the life of the Recycle Fund out further, and reduce the impact to Commercial customers, while implementing one of the three fees. The Food Waste Program, when im PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 it does come forward, will have a rate associated with it; the Recycle Fee and the Vehicle Impact Fee. The recommendation is to phase in the programs and fees starting with Option C. Responding to question about Option B, she confirmed the Tipping Fee was included. Councilmember Weber asked for clarification on the County of Riverside's tipping/disposal fee increase of $0.86 per ton for trash and $3.00 per ton for green waste. She said the City wants people to recycle green waste, so she questioned why the City would charge more for it. Ms. Riddle said it didn't mean that the overall rate is higher, it just meant their increase was higher. MR. FRANK ORLETT, Vice President of Burrtec Waste and Recycling Services, said the $3.00 increase is a reflection of the AB1826 where you have Food Waste and Green Waste Programs, stating it was an additional cost to compose green waste versus land application, which is the primary purpose. Councilman Tanner made the comment that it was a State increase. MR. ORLETT agreed. Responding to question on which Option he preferred, he said he was neutral. Councilman Jonathan questioned why staff was recommending Option C and not Option D, because it was more far reaching for Commercial users, and the difference between Options C and D didn't appear to be that significant, stating Commercial users are going to have their rates increased anyway. Under Option C, the increase is about $17 for Trash and $6 for Recycle, and under Option D, it's $32 for Trash and $11 for Recycle. Ms. Riddle called attention to the sample displayed, where it states the increase to Option C is $21.67 and Option D is $43.10. So if you look at a larger company, which on average there are medium to large businesses, the price will double, which is a significant impact. Councilman Jonathan agreed, but under Option C, the Recycling Fund expires in 2022 or 2023, so they get hit with a big increase, because it will start from zero at that point. Ms. Riddle stated the thought was to phase the increase in, so if the City approves the Vehicle Impact Fee this year, next year or the year after that, staff will still have the Recycle Fund before it's depleted to consider approval of the Recycle Fee. Councilman Jonathan asked why staff wasn't waiting until 2022 or 2023. iiL67 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 Ms. Riddle said that wasn't the plan. Mayor Spiegel pointed out that Waste Management is in the City of Palm Desert with all their trucks traveling all over the Valley and through the City, which is why the Vehicle Impact Fee is applied. 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: 1) By Minute Motion: a) Approve 2016/2017 Tax Roll Billing for all non -Master Billed residences; b) direct staff to implement Option C - Burrtec Annual Rate Increase based on Producer Price Index (PPI) and the Vehicle Impact/Road Maintenance Fee; 2) waive further reading and adopt Resolution No. 2016 - 68, approving the new Adjusted Rate Schedule of Fees (Exhibit 3 for Residential, Commercial, and Roll -Off) as per approved option. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel: NOES: None). Councilmember Weber thanked Ms. Riddle for patiently explaining this time and time again. XVIII. REPORTS AND REMARKS A. CITY MANAGER Citv Manaaer Meetina_ Summaries Resort for the Period of June 20-July 1, 2016. With City Council concurrence, the Meeting Summaries Reportwas received and filed. B. CITY ATTORNEY None C. CITY CLERK None 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL Council Requests for Action/Committee Reports/Comments: a) Councilman Sabbv Jonathan Reports/Comments: - Children's Discovery Museum of the Desert - He met with Carol Scott who is the Executive Director of the Children's Discovery Museum of the Desert and Richard Kite who is the representative from the City of Rancho Mirage. He wouldn't say the Museum was in a financial crisis, but it was certainly facing challenges like many nonprofits, and they are working on it, stating he wanted the Council to be apprised. b) Mavor Pro Tern Jan C. Harnik Reports/Comments: - Independence Dav Celebration - 41h of July - She thanked staff and Management Analyst Amy Lawrence forthe great Independence Day Celebration. She said the Color Guard from the 7th Regiment came, and they were so amazing. They stayed for a couple of hours dressed in their uniform in 100 degree weather. She said they took hundreds of pictures with community members, and they welcomed children and people from all over the Valley. She reiterated it was a great, great event. Councilman Jonathan praised Mayor Pro Tern Jan Harnik for doing a great job of welcoming everyone. Councilmember Weber concurred, adding that when the event was over, her friends from Palm Springs made the comment that the park was not dirty and extraordinarily clean. She congratulated the City of Palm Desert or instilling this in people that come to the celebration. - Go Human Event - She said the City received a grant that covered the cost for the Vision San Pablo as part of the Go Human Event, which has received national recognition. 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2016 - Cove Commission Vote on the Refurbished Generator - She thanked Councilmembers Jonathan and Weber for how they voted at the Cove Commission on the use of a refurbished generator at the Joslyn Center. She read an article where a Mayor Pro Tern from another city said, "I think Palm Desert stuck one on all of us," referring to refurbishing a valuable and barely used unit for the benefit of the safety of the community, making it prepared for future unforeseen events. She said Palm Desert cared for its community members, and if that was "sticking it" to other people, she's sorry that was their view and an unfortunate comment. She said if Palm Desert had to be a leader on this issue, this Council was proud to lead that charge. 2. Council Consideration of Travel Reauests and Resorts: None XIX. ADJOURNMENT With City Council concurrence, Mayor Spiegel adjourned the meeting at 5:10 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR 22