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HomeMy WebLinkAboutPrelim Minutes - City 04/09/2015DRAFT X___ R PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 9, 2015 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Weber convened the meeting at 3:00 p.m. II. ROLL CALL Present- Councilmember Jan C. Harnik Councilman Sabby Jonathan Mayor Pro Tern Robert A. Spiegel Councilman Van G. Tanner Mayor Susan Marie Weber Also Present: John M. Wohlmuth, City Manager Robert W. Hargreaves, Assistant City Attorney Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Lauri Aylaian, 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 Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co Grace L. Mendoza, Deputy City Clerk Sheriff's Department Mr. Hargreaves asked the City Council to consider adding an item to the Closed Session agenda by four -fifths vote, as follows. C. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 3) Property: 1.62 acres at the Southeast Corner of San Pablo Avenue/ Fred Waring Drive (APNs 627-101-002, -017, -033, 038, -039) Negotiating Parties: Agency: John Property Owner: Under Negotiatio M. Wohlmuth/City of Palm Desert City of Palm Desert n: x Price x Terms of Payment On a motion by Spiegel, second by Harnik, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the aforementioned Property Negotiation Item No. 3 was added to the agenda. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) MR. CHARLES KNICKERBOCKER, CEO of Thermal Land, LLC, wished to let City Council know that his firm would like to build a multi -use project on property just added to the Closed Session agenda above and located across the street from the Civic Center. He said they could develop apartments and commercial on the corner, wrapping around San Pablo Avenue, with parking on the first floor and going three floors above for the apartments. There would be a total of 69 one- and two - bedroom apartments, and there would be approximately 5,000 - 6,000 square feet of commercial. He added that his firm had done these types of projects before, including the apartments around the Mary Pickford Theater in Cathedral City, the same type of proposal he would like Palm Desert to consider. He noted that all of the entitlements had already been done except for working with the City, it's all designed, and they had all types of buy -sell agreements put together. Further, he believed that Palm Desert would possibly be entertaining the thought of putting monies from its former Redevelopment Agency into such a project, his firm wanted to help with that situation and looked forward to working with the City. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 B. Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager NOTE: THE FOLLOWING ITEM NOS. C (1) AND (2) WERE LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 C. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 42204 Golden Eagle Lane (APN 624-431-012), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Nicholas and Corena Killebrew Under Negotiation: x Price x Terms of Payment 2) Property: 42239 Verdin Lane (APN 624-431-017), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Florencio L. Zamoran and Maria Lopez Under Negotiation: x Price x Terms of Payment With City Council concurrence, Mayor Weber adjourned the meeting to Closed Session at 3:06 p.m. She reconvened the meeting at 4:00 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 - Councilmember Jan C. Harnik VII. INVOCATION - Mayor Pro Tern Robert A. Spiegel deferred his turn of providing an Invocation to Mayor Weber. VIII. ORAL COMMUNICATIONS - B MR. MIKE HALL, representing Back Nine Greens of Palm Desert, which is in the artificial turf industry, addressed the City Council as both a resident and businessman of the Coachella Valley, and a parent raising his family here. He said it was important for him and his family that solutions are created based on the water shortages being experienced currently. Given the extreme water shortages, he felt the best path forward for the community is artificial turf, noting the industry has continued to develop since its inception 50 years ago in the Astrodome. Products can now be offered that are heat -resistant, are for pet applications and playground applications, and he said there was a great deal of data and research available regarding the savings, costs, and usage. He said one of those areas is the City of 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 Las Vegas, where a study was performed from 2003 (pre -landscape restrictions) to 2013, and they were able to achieve a significant reduction in water usage. In 2003 the average household consumed 185,000 gallons of water; by 2013, it was 115,000 gallons. In 2003 the average individual consumed 314 gallons of water, and by 2013, it was 212 gallons/day. He noted that the Southern Nevada Water District has a similar climate to that of the Coachella Valley, and they created a study to determine the amount of savings that can be achieved. One of the results was that an average of 55 gallons of water is required for every square foot of grass annually, or potentially 5,500 gallons/100 square feet of savings for every piece of grass removed. He went onto say that they were noticing a lot of communities and municipalities are transforming their grass areas into desert-scape; it allows for a significant reduction in the water usage but doesn't eliminate it completely. A UC (University of California) study was done specifically on drought -tolerant plants reflecting that 9.6 gallons of water/square foot annually are consumed by them — a total of 960 gallons for every 100 square feet of desert-scape. With all this in mind, he suggested that communities look at using a combination of desert-scape and artificial turf to be able to continue with the greenery that we currently enjoy while achieving the goal of reducing water usage. MS. MONICA LOPEZ, Program Manager for the Fair Housing Council of Riverside County, invited Councilmembers to and announced their upcoming 2015 Housing Conference. She'd prepared and distributed packets containing invitations to the Conference to Councilmembers just prior to the meeting's 4 o'clock opening today. The 2015 Housing Conference will be held on Thursday, April 30, from 8:00 a.m. - 2:00 p.m. at the Riverside Convention Center in honor of April being National Fair Housing Month. She noted that Riverside County was one of the most affected areas in the recent foreclosure crisis and is still recovering from it. Responding to the crisis, Riverside County had a Housing Conference in 2014, its first in seven years. Prior to the crisis, Fair Housing sounded the bell for HUD (Department of Housing and Urban Development) to come in and start looking at some of the issues being faced. Now that the worst appears to be over, they are looking at solutions, things that can be done to prevent it from happening again and designing a sustainable housing market, both of which they're hoping to achieve in this year's Conference. She said there would be a number of speakers talking about affordable housing, new housing options for buyers, and also fair housing issues affecting all of the communities. Additionally, HUD will be on hand to discuss the new AFFH regulations that are coming and will affect cities that receive CDBG (Community Development Block Grant) funding. She said about 160 people were already registered for the event, with 250 total expected, and they looked forward to Palm Desert being represented and joining its neighboring Cities of Cathedral City, Palm Springs, and Rancho Mirage there. MS. WENDY JONATHAN, President of the Desert Sands Unified School District Board, thanked City Councilmembers fortheir support of the District and its schools. She remarked that the "Every 15 Minutes" Program was recently conducted at Palm Desert High School and would not have been possible without the City's 51 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 support and monetary contribution of $7,000. She explained that the "Every 15 Minutes" was a mock accident on the Palm Desert High School Campus, giving students an idea of what it would be like if an accident occurred with a drunk driver, with a student being the drunk driver. She added that there was a casualty involved, along with a fatality, and it's a remarkable program that she was certain saved lives. She again thanked Councilmembers and pointed out that this was the only program of its type in the entire Coachella Valley, due in part because the City's always been there to support the District. Later in the meeting, Councilmember Harnik said after many years of working on this program herself with Palm Desert High School, she credited the Police Department for the tremendous amount of time, effort, and resources involved in organizing and carrying it out. She expressed sincere thanks to the Palm Desert Police for all they did for "Every 15 Minutes." Lt. Sullivan responded the thanks should go to School Resource Officer Lisa Loya for her work on it. Mayor Weber agreed that it was a very valuable and much appreciated program. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE DAVID KOLLER FOR HIS CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS CITIZENS' SUSTAINABILITY COMMITTEE, 2011 - 2015. On behalf of the entire City Council, Mayor Weber presented the engraved crystal clock to Mr. Koller with sincere appreciation for his time and service on the Citizens' Sustainability Committee. She went on to note that the Committee had been very busy over the past couple of years with the prohibition of plastic bags and the parking lot de-asphaltification program. Mr. Koller graciously accepted the recognition and thanked the City for the opportunity to be of service. He agreed that much was accomplished over the four years of his term, with more to come. He thanked City staff who worked closely with the Committee and all the volunteers; it was a great experience for him and he felt truly privileged. B. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON YGRENE ACTIVITIES. MS. CHRISTINA DEVILLE, Regional Sales Representative for Ygrene in the Palm Desert area, said they'd been here approximately 1'/2 years. She was pleased to hear from Mr. Hall from Back Nine Greens earlier in today's meeting (Oral Communications), as they were one of many contractors Ygrene works with here in the desert to help with energy and water efficiency 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 for both residential and commercial customers. She reported that Crystal Crawford is the District Director for Ygrene, and they've just relocated their office to a space off of Country Club Drive and Washington Street. She noted that Palm Desert has been the most receptive to the program and represents the largest territory, and they've been very successful with residential applications here. They were hoping to capitalize more on that momentum and secure more commercial accounts, which she felt would be possible through greater awareness. She added that Ygrene was the only PACE (Property -assessed Clean Energy) provider available that provides commercial financing. She referred to the fliers that she'd provided the City and had been distributed to City Councilmembers prior to the meeting, outlining the different programs they're involved with currently. She noted that they've grown dramatically and continue to do so, highlighting that they're members of the Desert Valleys Builders Association, attend the CVAG Energy & Environment Executive Committee Meetings regarding updates to Coachella Valley Upgrades Hearing report, and have become members of the Palm Desert Area Chamber of Commerce. She went on to say that Ygrene participated with a booth at the Desert Home Show recently, have provided a presentation to some 100 members at the Palm Desert Rotary Club Meeting, and are participants in the monthly Contractor and Network Trainings. She said they've advertised in local media and offered assistance to homeowners who've taken advantage of solar, along with providing some flood relief to affected homeowners in the past year. She reiterated that Ygrene provides a huge opportunity to local contractors by providing special financing that doesn't impact debt to income ratios and is paid with the property taxes; the benefits are many. C. APPOINTMENT OF ROBERT J. LEO TO THE CITY OF PALM DESERT AUDIT, INVESTMENT & FINANCE COMMITTEE TO FILL THE REMAINDER OF JOSEPH PRADETTO'S TERM (DECEMBER 31, 2017). In response to Mayor Pro Tern Spiegel's question about why there wasn't an interview conducted for this position, Ms. Klassen referred to the printed staff report that indicated it was a result of a request made by Mayor Weber. Mayor Pro Tern Spiegel went on to say he didn't think the resume was complete. He'd understood that Dr. Leo had served a term as manager at the Palm Springs Aerial Tramway but left under a cloud. Therefore, he wished to interview him first. Responding to question, he said he wished to interview Dr. Leo along with any other applicants interested in the Audit, Investment & Finance (AIF) Committee. Mayor Pro Tern Spiegel moved to, by Minute Motion, direct that interviews be scheduled for the current vacancy on the Audit, Investment & Finance Committee with Dr. Robert J. Leo and any other applicants interested in the position. Motion died for lack of a second. 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 Councilmember Harnik noted that Dr. Leo has been interviewed previously for his service with the City's Sustainability Committee, and the request here was just for him to complete a vacated term on the AIF Committee. With that in mind, she felt it was in the City's best interest to have the position be filled. Councilmember Harnik moved to, by Minute Motion, appoint Robert J. Leo to the City of Palm Desert Audit, Investment & Finance Committee to fill the remainder of Joseph Pradetto's term (December 31, 2017). Motion was seconded by Tanner. Councilman Tanner said he'd served on the Citizens' Sustainability Committee with Dr. Leo, and he didn't have any objection whatsoever to appointing him to the AIF Committee. Councilman Jonathan felt that Mayor Pro Tern Spiegel made a good point, and he would normally concur. However, City Council just concluded a round of interviews for the City's Committees and Commissions; after reviewing his notes from that session of all the applicants interviewed, Dr. Leo is the most qualified for this position. Therefore, he didn't believe it necessary to open it up to interviews in general. Further, he'd known Dr. Leo for a long time and would feel very fortunate that he wished to step up and be part of the AIF Committee. Councilmember Harnik understood Mayor Pro Tern Spiegel's point about interviewing, as it was standard procedure for the City and was a best practice. But under the current circumstances in that Dr. Leo was currently serving on a Committee and was now segueing on to fill a spot that needed filling, she had made the motion to appoint. Although, she did agree in principle and preferred for the future that the usual interview procedure be followed, because it was a good one. Mayor Weber called for the vote on the motion to approve the appointment of Robert J. Leo to the AIF Committee with a term ending December 31, 2017, and it carried 4-1 (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: Spiegel). She went on to thank Dr. Leo for his service to the Citizens' Sustainability Committee and welcomed him to the Audit, Investment & Finance Committee. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 26, 2015. Rec: Approve as presented. Approved 4-0-1 (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: None; ABSTAINING: Spiegel) 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 B. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of February 2015 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Chacewater Wine Co. & Olive Mill, 72559 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Coachella Valley Brewing Co., 72559 Highway 111, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Haggen #2175, 72675 Highway 111, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES 1. Art In Public Places Commission Meeting of January 14, 2015. 2. Audit, Investment & Finance Committee Meeting of February 24, 2015. 3. Marketing Committee Meeting of February 17, 2015. Rec: Receive and file. G. LETTER OF RESIGNATION from Robert J. Leo — Citizens' Sustainability Committee. Rec: Receive with very sincere regret. H. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Paper Files from the Department of Building & Safety that Have Been Digitally Imaged (Dated October, November, and December 2013, and January, February, and March 2014). Rec: Waive further reading and adopt Resolution Nos.: 1) 2015 -16 - October 2013 Records; 2) 2015 - 17 - November 2013 Records; 3) 2015 - 18 - December 2013 Records; 4) 2015 - 19 - January 2014 Records; 5) 2015 - 20 - February 2014 Records; 6) 2015 - 21 - March 2014 Records. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Paper Files from the Department of Building & Safety that Have Been Digitally Imaged (Dated April, May, and June 2014). Rec: Waive further reading and adopt Resolution Nos.: 1) 2015 - 22 - April 2014 Records; 2) 2015 - 23 - May 2014 Records; 3) 2015 - 24- June 2014 Records. J. RESOLUTION NO. 2015 - 25 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Paper Temporary Use Permits Files from the Department of Community Development that Have Been Digitally Imaged (Temporary Use Permits Files Dated 1990). Rec: Waive further reading and adopt. K. REQUEST FOR AUTHORIZATION to Refund Plan Check Fees for Receipt No. 15-65376 at 48234 Silver Spur Trail (Jill Douglas - Silver Spur Designs LLC, Applicant). Rec: By Minute Motion, authorize the refunding of 80% of the Building Department Plan Check Fees in the amount of $2,371.76 for canceled Plan Check No. 15-65376. L. REQUEST FOR APPROVAL of Second Amendment to Contract with Same Day Express in the Amount of $39,996, Renewing Maintenance Services for the City of Palm Desert's Permanent Public Art Collection and El Paseo Exhibition for the Period of July 1, 2015, to June 30, 2016 (Contract No. C32742). Rec: By Minute Motion: 1) Approve Second Amendment to renew the subject contract with Same Day Express, Palm Desert, California, for a second extension to provide Maintenance Services for the City's Permanent Public Art Collection and El Paseo Exhibition; 2) authorize the Mayor to execute the Second Amendment — funds are available in Account No. 436-4650-454-3372. M. CONSIDERATION of the Palm Desert Legislative Review Committee's Recommendation to Provide a Letter of Support for AB 857 (Peres) — The Clean Trucking Act. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and authorize the Mayor to send a letter of support for AB 857 (Perea). 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 N. CONSIDERATION of the Palm Desert Legislative Review Committee's Recommendation to Provide a Letter of Opposition for AB 1220 (Harper) — Local Transient Occupancy Taxes. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and authorize the Mayor to send a letter of opposition for AB 1220 (Harper). Mayor Pro Tern Spiegel noted he would be abstaining on Item A - Minutes of the March 25, 2015, Meeting. Upon a motion by Harnik, second by Tanner, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1280 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION 25.40.080 - FENCES AND WALLS - TO ALLOW FOR THE REPAIR AND MAINTENANCE OF EXISTING NONCONFORMING FENCES, AND TO ALLOW THE ARCHITECTURAL REVIEW COMMISSION TO APPROVE EXCEPTIONS FOR NONCONFORMING FENCE MATERIALS WITH ARCHITECTURAL MERITAND COMPATIBILITY WITH THE HOME, Case No. 14-421 (City of Palm Desert, Applicant). Councilmember Harnik moved to waive further reading and adopt Ordinance No. 1280. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 Councilman Tanner congratulated staff for bringing closure to this item, which had been discussed many times for several months. XIV. NEW BUSINESS A. CONSIDERATION OF AN APPEAL OF A BUSINESS LICENSE REVOCATION BYJIMENEZ LAW OFFICES ON BEHALF OF ENNA SONG, COUNTRY CLUB MASSAGE, 77682 COUNTRY CLUB DRIVE, #G-2, PALM DESERT, POLICE CASE NO. T150780082. Mayor Pro Tern Spiegel moved to, by Minute Motion, refer the matter to a Hearing Officer for the hearing and report back to the City Council (Recommendation No. 2 on the agenda). Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). B. REQUEST FOR AWARD OF CONTRACT TO JOHN BARAJAS MASONRY IN THE AMOUNT OF $176,893.50 FOR THE PORTOLA AVENUE AT FRED WARING DRIVE MASONRY BLOCK WALL PROJECT (CONTRACT NO. C27690B, PROJECT NO. 633-07). Mr. Greenwood stated this contract was for another phase of the Portola Right -turn Lane Project at Fred Waring. He noted the contractor was local. Councilmember Harnik moved to, by Minute Motion: 1) Waive bid irregularity; 2) award the subject contract for the Portola Avenue at Fred Waring Drive Masonry Block Wall Project to John Barajas Masonry, Bermuda Dunes, California, in the amount of $176,893.50; 3) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $17,689.35; 4) authorize the Mayor to execute said contract — funds are available in Capital Project Reserve, Account No. 400-4438-433-4001 and in Measure 'A," Account No. 213-4438-433-4001. Motion was seconded by Tanner. Responding to question about the open space, Mr. Greenwood explained this will be something of a park, somewhat like Fred Waring's, yet not so dense, but trying to match the pallet. Further responding, he said the project is expected to be completed in its entirety in the summer of 2016. Mayor Pro Tern Spiegel added the City was waiting until the end of the school year. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 C. REQUEST FOR AWARD OF CONTRACT TO LIBERTY LANDSCAPING, INC., IN THE AMOUNT OF $195,639.38 FOR THE 2015 CITYWIDE TREE PRUNING PROGRAM (CONTRACT NO. C34130, PROJECT NO. 932-15) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Mr. Greenwood stated this contract is for the annual Citywide Tree Pruning Program as differentiated from the Palm Tree Pruning, which is the next item on the agenda. Mayor Pro Tem/Vice Chairman Spiegel moved to, by Minute Motion: 1) Waive minor bid irregularity; 2) award subject contract for the 2015 Citywide Tree Pruning Program to Liberty Landscaping, Inc., Riverside, California, in the total amount of $195,639.38 ($145,538.56 - City and $50,100.82 - Housing Authority); 3) authorize the Director of Finance to set aside an additional 10% contingency for the project in the total amount of $19,563.94 ($14,553.86 - City and $5,010.08 - Housing Authority); 4) appropriate $101,077.42 ($91,888.56 for base contract plus $9,188.86 for contingency) from Unobligated General Funds to Account Nos. 110-4614-453-3370 ($55,592.58), 110-4610-453-3320 ($22,237.03), 110-4611-453-3320 ($18,193.94), and 441-4195-695-3320 ($5,053.87); 5) authorize the Mayor/Chairman to execute the agreement — funds are available for the portion of the contract relative to the City and Assessment Districts in Parks & Recreation Account Nos. 110-4610-453-3320, 110-4611-453-3320, and 110-4610-453-3371; Repair/Maintenance Medians Account No. 110-4614-453-3370; Desert Willow Account No. 441-4195-495-3320; and Assessment District Fund 200 Accounts; and for the Housing Authority, funds are set aside in the 2014- 2015 and in the proposed 2015-2016 Housing Authority Operating Budgets. Motion was seconded by Harnik. Councilman/Member Jonathan noted that at the last Housing Commission Meeting the Board approved its share of the funding for both the Citywide Tree and Palm Tree Pruning Programs. Mayor/Chairman Weber called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). D. REQUEST FOR ACCEPTANCE OF THE LOW BIDDER'S REQUEST TO WITHDRAW AND TO AWARD CONTRACT TO SECOND LOWEST BIDDER, LIBERTY LANDSCAPING, INC., IN THE AMOUNT OF $104,397.44 FOR THE 2015 CITYWIDE PALM TREE PRUNING PROGRAM (CONTRACT NO. C34270, PROJECT NO. 931-15) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Mr. Greenwood noted this contract is for the Citywide Palm Tree Pruning Program, and there was an unusual occurrence here in that the low bidder asked to withdraw his bid. He said the contractor missed the fact that it was 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 a prevailing wage contract, which is now required in the State of California. The contractor requested to withdraw his bid and staff recommends that the Council allow him to withdraw and award the contract to the second lowest bidder, which happens to be Liberty Landscaping, Inc., the same contractor that was just awarded the contract for the Citywide Tree Pruning Program. Councilmember/Member Harnik moved to, by Minute Motion: 1) Accept low bidder's request to withdraw (Andy's Landscape & Tree Service, Inc., Palm Desert, California); 2) award subject contract for the 2015 Citywide Palm Tree Pruning Program to Liberty Landscaping, Inc., Riverside, California, in the total amount of $104,397.44 ($93,784.64 - City and $10,612.80 - Housing Authority); 3) authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $10,439.74 ($9,378.46 - City and $1,016.28 - Housing Authority); 4) appropriate $42,151.60 ($38,319.64 for base contract plus $3,831.96 for contingency) from Unobligated General Funds to Account Nos. 110-4614-453-3370 ($14,050.53), 110-4610-453-3320 ($14,050.53), and 110-4611-453-3320 ($14,050.54); 5) authorize the Mayor/Chairman to execute the agreement — funds are available for the portion of the contract relative to the City and Assessment Districts in Parks & Recreation Account Nos. 110-4610-453-3320, 110-4611-453-3320, and 110-4610-453-3371; Repair/Maintenance Medians Account No.110-4614-453-3370; Desert Willow Account No. 441-4195-495-3320; and Assessment District Fund 200 Accounts; and for the Housing Authority, funds are set aside in the 2014- 2015 and in the proposed 2015-2016 Housing Authority Operating Budgets. Motion was seconded by Tanner. Councilman/Member Jonathan stated he couldn't let this go without observing what a shame it was that as a Charter City it was subject to the prevailing wage requirement. He said even in a small contract of $100,000, the requirement will cost the City $40,000 more, which could be used so effectively elsewhere. He shuttered to think how much in totality the City will spend as a result of the State mandate. Mayor/Chairman Weber stated she shared the same sentiment, because all cities and special districts are being forced to pay these prevailing wages costing everyone much more money. Councilmember/Member Harnik noted everyone fought against it, but the efforts failed. Mayor/Chairman Weber called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 E. REQUEST FOR APPROVAL OF CONTRACT RENEWAL WITH D&B VISIONS FOR CONSULTING SERVICES RELATIVE TO THE CITY'S SOLID WASTE AND RECYCLE PROGRAMS (CONTRACT NO. C32592). Ms. Riddle stated this item was for consulting services for D&B Visions. She said they assisted staff in implementing some of the recycle programs and have been instrumental in helping with the events for the plastic bag ban by setting up booths, talking to people, and distributing the bags. Additionally, they are following up with delivering signs that say, "Bring Your Own Bag," so they can be posted in the parking lots. Mayor Weber commented she had noticed the signs, because they are very visible. Mayor Pro Tern Spiegel moved to, by Minute Motion, authorize: 1) Mayor to enter into the subject contract renewal with D&B Visions, Temecula, California, in an amount not to exceed $85,000 for Consulting Services Relative to the City's Solid Waste and Recycle Programs; 2) expenditure of funds for this purpose in an amount not to exceed $85,000 from the Recycle Fund, Account No. 236-4195-454-3090. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). F. APPOINTMENT OF CITY COUNCILMEMBER TO SERVE AS A LIAISON TO THE JOSLYN CENTER BOARD OF DIRECTORS. Mr. Wohlmuth stated in the last two years the Joslyn Center Board of Directors amended their bylaws reflecting their name change and addressing other issues that were rather old. As part of the revision, the Board included in their bylaws that councilmembers from the three Cove Cities would have a liaison position on the Board of Directors. At this time, the City's representative is Kathleen Kelly who was appointed by the City Council to the Joslyn Center Board of Director; she is currently serving as the President of the Board. In addition to having a City representative, the bylaws call for the Council to appoint a Council liaison to attend their meetings and provide input and updates. Responding to question, he said the liaison would be a non -voting member. He asked the Council to consider appointing a Councilmember to the Joslyn Center Board of Directors. Councilmember Harnik commented the Joslyn Center was a valuable asset in the community, and it was important that the Council participate and is represented. Councilman Tanner asked when the Board met for its meetings. 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 MS. KATHLEEN KELLY, Palm Desert's representative to the Joslyn Center Board of Directors, replied the Board met the last Tuesday of the month at 4:00 p.m. Councilmember Harnik said she would love to serve, but without having her calendar, she would hate to commit and not be able to serve. Councilman Tanner offered to serve on the Board if Councilmember Harnik's calendar wouldn't permit it, and/or serve as an alternate. Mayor Pro Tern Spiegel moved to, by Minute Motion, appoint Councilmember Jan Harnik as Council Liaison to the Joslyn Center Board of Directors, schedule permitting, and Councilman Van Tanner as Alternate, or vice versa, if Councilmember Harnik finds her schedule will not accommodate the regular meeting date/time. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). Councilmember Harnik invited everyone to view the Joslyn Center's new Website, because if was wonderful, user friendly, and easy to find out what's happening at the Center. She added it was also incredibly easy to donate there. Councilman Tanner noted Councilmember Harnik participated in the Joslyn Center's fashion show by doing a little modeling, stating he missed it, but understood she did a mighty fine job. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 IN THE AMOUNT OF $71,593 TO CONTRACT WITH RAIMI + ASSOCIATES — UPDATE OF THE CITY OF PALM DESERT GENERAL PLAN — IN ORDER TO PROVIDE FOR A COMPREHENSIVE STUDY AND DEVELOPMENT STRATEGY FOR ENHANCING PARKING CAPACITY IN THE COMMERCIAL CORE AREA, INCLUDING POTENTIAL DEVELOPMENT OF A PARKING STRUCTURE IN THE PRESIDENTS' PLAZA (CONTRACT NO. C33240). Ms. Aylaian noted the amendment is to increase the scope of work for Raimi + Associates, stating they are currently working on the General Plan. The amendment would direct them to do a focus study on parking in the commercial core area and to identify strategies bywhich the parking capacity can be increased. One plan is without building any structure, but with better 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 management of both the public/private parking that's available, and by different timing and potential strategies that could be implemented. Second Plan is to identify the best location for a potential parking structure and rough out a design concept for such a structure as well as timing. She said it will be important to increase the capacity there and be ready to expand in accordance with the increased intensity expected of development after the General Plan is updated. Councilman Jonathan asked if this would delay the General Plan Amendment. Ms. Aylaian answered it wouldn't, stating it will be done in concert with the work that is being done for the General Plan Update. Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Approve Amendment No. 1 in the amount of $71,593 to the subject contract with Raimi + Associates, Riverside, California, to update the City of Palm Desert General Plan; 2) appropriate $71,593 plus a 10% contingency ($7,159.30) from Unobligated Capital Fund Monies in a 50/50 split between Account Nos. 400-4572-433-4001 and 400-4436-422-4001 - Commercial Core Parking and Presidents' Plaza Parking, respectively; 3) authorize the Director of Finance to reimburse the Capital Fund in the same amounts from Core Commercial Parking Improvements and Presidents' Plaza Parking Bond Funding when it becomes available. Motion was seconded by Jonathan. Councilmember Harnik commented parking is an issue that keeps coming up as they are working on the Update, and it's important the City comes up with solutions, so this was great. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). B. REQUEST FORAPPROVAL OF THE PARKING EASEMENT AGREEMENT WITH PALM CITY ASSOCIATION AND CHANGE ORDER NO. 9 TO CONTRACT WITH OPTIMUS CONSTRUCTION, INC., IN THE AMOUNT OF $187,588.66 FOR CONSTRUCTION OF THE CARLOS ORTEGA VILLAS (CONTRACT NO. HA29410B, PROJECT NO. 825-11) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Project Coordinator Heather Buck explained this request included two main items. The first portion dealt with minor miscellaneous change orders that are related to the project as it stood today, which amounted to a credit back to the Housing Authority of approximately $100. The work included electrical additions, minor changes to improve consistency throughout the project, and utility related work. Portion two is more involved relating to the Parking Easement Agreement with the Palm Desert Country Club Association, A.K.A. Palm City Association. When the Carlos Ortega Villas Project was approved, 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 one of the requirements of the entitlement was construction of a traffic circle, which is scheduled for construction this summer. There will be a loss of approximately 20 parking spaces on the street that are utilized by residents and businesses in the associated area. Staff is working with Palm Desert Country Club Association (PDCCA) to work out a parking easement on their property that the City would construct, and PDCCA would maintain the landscaping of it. The amount for this work would be a change order to Optimus Construction in the approximate amount of $187,000, stating this work wouldn't add time to the contract. She said Successor Agency Funds, which have already been approved with the Bond Proceeds Funding Agreement, would be used for this work as well as Housing Funds. She said there are availability and contingency funds for this added scope of work. Mayor Pro Tem/Vice Chairman Spiegel moved to, by Minute Motion: 1) Approve the Parking Easement Agreement by and between Palm City Association and the City of Palm Desert (Contract No. C29410F); 2) authorize the Mayor to execute the finalized Agreement; 3) approve the Agreement for Construction Access and Parking Easement by and between the Palm Desert Housing Authority and Palm City Association (Contract No. HA29410G); 4) authorize the Chairman to execute the finalized Agreement as approved by Housing Authority Counsel; 5) approve Change Order No. 9 in the total amount of $187,588.66 to Contract No. HA29410B with Optimus Construction, Inc., Glendale, California, forthe Carlos Ortega Villas, forthe items listed in the accompanying staff report; 6) authorize the transfer of $187,588.66 from contingency to base for the contract; 7) authorize the Chairman to execute Change Order No. 9 — funds for this purpose are available in Account Nos. 871-8691-466-4001 and 703-8691-466-4001 - Capital Improvements. Motion was seconded by Tanner. Councilman/Member Jonathan noted the Housing Commission reviewed and approved this item as well. Mayor/Chairman Weber called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER City Manager Meeting Summaries for the Period of March 16-27, 2015. Mr. Wohlmuth referred to the printed report contained in the agenda packets and offered to answer questions. 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 With City Council concurrence, the Meeting Summaries Report was received and filed. 2. "Coffee With a Cop" — Saturday April 11 Mr. Wohlmuth reminded Councilmembers of and announced to the audience the event coming up this Saturday morning at 9:00 a.m. in the Council Chamber. B. CITY ATTORNEY None C. CITY CLERK 1. Announcement of Upcoming City Council Study Sessions. a) Tuesday, April 21, 2015, at 9:00 a.m. in the Administrative Conference Room - 2015-2016 Budget. b) Thursday, April 23, 2015, at 2:00 p.m. in the Administrative Conference Room - Affordable Housing Nexus Study. c) Friday, April 24, 2015, at 12:00 p.m. in the Administrative Conference Room - 2015-2016 Budget. Ms. Klassen called attention to the upcoming Study Session schedule, and Councilmembers so noted. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Mayor's Meeting Summaries Report for the Period of March 15-28, 2015. Mayor Weber noted her Meeting Summaries Report included in the agenda packets. She pointed out that on March 19, she and in PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 Councilman Tanner attended the luncheon for the 1" Marine Division Association - Desert Cities Mitchell Paige Chapter, and while there, she was very fortunate to be asked to take a personal tour of the 29 Palms Marine Base since she had missed the tour taken by other Councilmembers and staff on January 28. She added that the Marines were so very thankful for the City's adoption of their 7th Regiment, and they've been working closely with Tourism & Marketing Manager Donna Gomez to set up several programs to conduct joint meetings, and some City officials have gotten notices of them already. She added that it's the City's goal to be better friends to the Marines. It was a very interesting experience for her to get to take the tour that her colleagues took previously, and she, too, was very grateful for the opportunity. With City Council concurrence, the Mayor's Meeting Summaries were received and filed. 2. City Council Requests for Action: a) Turf Buyback Program — Mayor Pro Tern Spiegel said he'd spoken with City Landscape Manager Diane Hollinger, who'd told him that the City had expended all the money it had in the budget for the program this year, but there were still about 50 residents still on the waiting list. Therefore, he wished to add money to the program with a staff report on the next Council Meeting agenda rather than wait for the 2015- 2016 Budget. He proposed another $100,000 from the General Fund for additional Turf Buyback. Mr. Wohlmuth agreed to look at the request. He recalled for Councilmembers that the City had partnered with Coachella Valley Water District (CVW D), and he would contact them to see if they have additional monies available. Additionally, he noted part of the Governor's Extreme Drought Conditions Declaration included a set - aside of $5 million Statewide, so the City would be watching to see if funds would be available to the City in that allocation. Mayor Pro Tern Spiegel asked that the City do what it could for the 50 people who were still on the waiting list wanting to trade their grass for desert-scape. b) Civic Center Turf — Councilman Jonathan went on to note that as everyone was becoming more conscientious about being water - efficient, he noticed that there was still quite a bit of turf surrounding City Hall, interspersed with areas that have already been converted to desert-scape. He asked if staff could take a look at converting the grass areas to either desert landscaping or, as heard under Oral 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 Communications at the beginning of today's meeting, artificial turf — something more water -efficient. Mr. Wohlmuth responded that the City's considered several projects over the years — for instance, one being to convert turf in the entry area to the Council Chamber, considered some 6-7 years ago and became too expensive in scope. More recently, the Public Works Department put in a budget item to take out the turf and install drought -tolerant landscaping in its place there. But with the changed location of the annual wreath -lighting celebration and other activities conducted in that space (e.g. Arbor Day), staff determined it may be premature and not an optimal choice to change out the turf for desert- scape there. He agreed to look at this suggestion and bring it back to Council, noting, however, that in the last six years, the City has removed all the turf along Fred Waring Drive and San Pablo Avenue. Councilman Jonathan while fully understanding what Mr. Wohlmuth just related, he was thinking specifically of area north of the driveway into the Civic Center. He didn't mean the City had to do this but felt it was worth looking at, because the people who come to City Hall see the City as an example. He was aware that it had already done many other things at Desert Willow, along the medians, etc., but Civic Center was a showcase that tends to set the tone for the rest of the City. Mr. Wohlmuth agreed to bring an item for consideration. Councilmember Harnik concurred with the points raised, adding that she felt there were some areas that could be looked at, some islands where perhaps desert landscaping would definitely be beneficial. Although, she observed that there were always some areas where events are held with children in the community, and those needed to be taken into account in this process as being very valuable to the City's families. c) Summer 2015 City Council Meeting Schedule — Councilman Jonathan observed at Council's March 26 meeting, it considered its June 2015 meeting schedule and started to also discuss July and August. When he looked at minutes of the last three years on the website and noted that the tradition has been to go dark the second meeting in July and the first meeting in August. He believed we were now close enough to summertime that it would help Councilmembers and residents make their plans if this year's schedule could be formalized. Mr. Wohlmuth said it would be a discussion item on the next meeting agenda. 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 3. City Council Consideration of Travel Requests and Reports: None 4. City Council Committee Reports: a) SCAG and CRAG Executive Meetings — Councilmember Harnik said at both recent Southern California Association of Governments and Coachella Valley Association of Governments meetings, the issue has come up about Cap and Trade benefits and how Southern California, most specifically the Coachella Valley, has not benefited from them. She said that while there is not a tremendous amount of funds, given the totality of what needs to be done, Southern California only received 18% when, by regulators' own definition, it has about 67% of the need. That has generated a lot of talk and communication about it, and everyone needs to keep pushing them. They're looking at selection of the committee that determines how funds are allocated; because perhaps people on that body are not the best choices for the task. b) CVAG Energy & Environmental Resources Committee — Councilman Tanner noted that as was well known by local residents, there is a situation and developing problem with the Salton Sea and a continuing search for answers and solutions to it. One of the topics presented at today's Committee Meeting was that if the State of California sees that the Coachella Valley, particularly areas in the immediate vicinity of the Sea, shows a true endeavorto assist with the matter, they will be more inclined to designate monies toward it. He said one of the very easy things people can do is go to the website for the "SVRSEA," specialty vehicle license plates. They don't have to buy the plate then but indicate their interest in it; 7,500 commitments are needed, currently there are 1,500. He added that kind of interest would demonstrate local commitment to save the Salton Sea — everyone talks about it, they don't want to smell it, but if the locals don't get active with it, nothing will happen. If people haven't already done so, he them to go to the website and indicate their interest for the few additional dollars it costs to have that specialty plate, because it would be money well spent. c) Councilman Jonathan's Meetings — Councilman Jonathan reported that in addition to attending the various Committees and Commissions to which he's assigned, there were a few other noteworthy meetings. First, the Coachella Valley Invest event recently, which was also attended by Councilman Tanner, and he said they expect to be talking to its organizers about possibly moving the event to Palm Desert in 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 2015 the future. Second, he was pleased to participate in the ribbon -cutting for the new Pickleball complex at Freedom Park with his colleagues. It's a wonderful addition to the City, the only one in the Coachella Valley and one of very few in the entire State, and the players were very excited about it. Third, he and Senior Management Analyst Ryan Stendell met with representatives of CDAR (California Desert Association of Realtors), they have some grants available that may help the City do some innovative things in some of our parks, and he looked forward to sharing more information about it as it becomes available. 5. City Council Comments: a) Riverside County Sheriff's Awards Night — Councilmember Harnik reported she'd had the opportunity of attending the Awards event last night, it was great and wonderful to see and hear about all the very selfless acts of heroism. She said another gratifying occurrence is that when Deputies see a problem on the street or in their community, they don't just correct the problem but look to develop a program that will avoid it in the future. 6. Suggested Items for Future City Council Meeting Agendas: Please refer to Item Nos. 2 (a), (b), and (c), above. XIX. ADJOURNMENT On a motion by Tanner, second by Spiegel, and unanimous consent of the City Council, Mayor Weber adjourned the meeting at 4:55 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA SUSAN MARIE WEBER, MAYOR 22