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HomeMy WebLinkAboutPreliminary Minutes - City Council - July 9, 2015,- ---- A DRAFT y PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 9, 2015 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 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 David J. Erwin, 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 Community Development Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs J. Luis Espinoza, Assistant Finance Director Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co Grace L. Mendoza, Deputy City Clerk Sheriff's Department III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) MR. CLINT LORIMORE, Consultant with the Building Industry Association of Southern California, came forward to praise the City Council for taking up the matter regarding expedited permitting procedures for small, residential rooftop solar systems, which is being considered later on the agenda under Section XVII - Public Hearings, Item C. He understood this action was being necessitated by State law PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 but felt the procedure would help both homeowners and new development alike. He further noted he wished to speak at this time due to another engagement he had on the other side of the County at 5:00 p.m. today and thanked Council for taking his testimony early. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 43820 Blueberry Lane (APN 634-061-037), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Michael and Anne Finley Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 With City Council concurrence, Mayor Weber adjourned the meeting to Closed Session at 3:04 p.m. She reconvened the meeting at 4:01 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tern Robert A. Spiegel VII. INVOCATION - Councilmember Jan C. Harnik At the request of Mayor Weber and for the benefit of everyone in the audience at this time, Councilmember Harnik announced the upcoming "9 Cities Challenge" Blood Drive Event coming up on Saturday, August 1, from 8:00 a.m. - 2:00 p.m. at Palm Desert High School. She remarked that last year Palm Desert "won" the Challenge with 138 units being collected at its event, further acknowledging the effort behind "Team Liz" at that time, adding that Ms. Lopez was doing very well presently. She encouraged everyone to save their blood, come out and donate at the event on August 1, and save a life — all the units collected are used locally. K PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 1T/1_I_We] _.L1_���7►�i1►�i1�1►1_ Nrel►67m:] MR. ROBERT ELLIOTT, Pele Road, Palm Desert, said the last time he was before City Council, it had to do with accessory structures in residential neighborhoods and the view from his home — from all the rear windows. He said at that time, then - Mayor Tanner said the structure would be removed, but the playground equipment would remain; he had to allow one year for compliance, which was May 24. He said now the situation was entering the 14th month, and it still looks the same, no compliance. He asked the City Council how it could be handled. Upon Mayor Weber's request, Mr. Wohlmuth explained that in 2014 City Council passed an ordinance with height and setback requirements for ancillary structures in backyards. He said the owner of the home with the aforementioned structure came to his office within the last two weeks, and following that meeting, staff went out to measure the structure and setbacks based on the new ordinance. When this was done, staff reported back that the play structure meets the setbacks but is 6" too high. So the owner has been asked to comply with the ordinance by taking 6" off the structure's legs or by another method to make this reduction in height, and then owner would be in compliance. MR. ELLIOTT pointed out that he still has no privacy. Mr. Wohlmuth went on to say that some of the other conditions included in the new ordinance is a requirement for vegetation. He said the homeowner has planted a Ficus hedge that is currently wall -height and will likely continue to grow and provide screening. In response to further comment, he said the property owner will comply with the current ordinance. MR. ELLIOTT said he didn't want to have to wait another year for the hedge to continue growing. The City said one year for compliance, it's not happening and wasn't fair to him. Mayor Weber said the Council had heard everything that had been said here, and she promised to get back to Mr. Elliott on the matter and discuss it more. MR. ELLIOTT related that he had a real estate agent friend come to his home and advise that until the neighboring structure is removed from view, no one would want to buy his property. MS. BETTY BARTON, Silver Spur Ranch, Palm Desert, said she was proud to be a 27-year resident of the City. She had a problem with leaf blowers; it's like a dust storm in her neighborhood with leaf blowers being used at every house every day. She felt sorry for the gardeners who have to wear a dust mask when they're working, just as she does. She added that she was not only speaking on her own behalf but that of her neighbors at Silver Spur Ranch who weren't as comfortable as she in coming forward to speak about it. She said with the constant barrage of 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 dust and noise, she couldn't go for a walk or enjoy a peaceful cup of coffee in the morning with all the leaf blowers operating. She said in addition to the disturbance, all that matter was going up into the air and polluting it. She said it was hard to breath — it was a matter of health. She recalled that the City did take leaf blowers away atone time but didn't know what happened since. She wondered why people couldn't use the rake, broom, and dustpan like was done in the past. She asked City Council if there was something that could be done about this issue. In answer to Mayor Weber's question about whether or not Silver Spur Ranch was part of a homeowners association (HOA), Mr. Wohlmuth said Silver Spur Ranch was located south of Haystack Drive in the City, and it has an HOA. He understood the HOA struggled for awhile but seemed to be up and running now, and he knew the Board of Directors was meeting. MS. BARTON said that organization served the other end of the neighborhood; she lived at the "poor" end. She went on to say that there's a circle in the area; up above it, there are two different HOAs, but none in her neighborhood — she was it. She's the only one who tries to do anything there, adding that the value of those homes is going down for a number of reasons, including Burrtec spilling oil all over their streets. She added that her area was directly across from The Living Desert. Mayor Weber thanked Ms. Barton for coming forward to share her concerns today. MS. SUSAN FRANCIS, Executive Director, and MR. BILL POWERS, Chairman of the Board, on behalf of the Ophelia Project, thanked City Council for considering their request, which would be taken up under Section X - Consent Calendar, Item T, later on the agenda today. They specifically thanked Councilman Tanner for working on a Memorandum of Understanding (MOU) that the Project can use as a model going forward in the rest of the Coachella Valley cities. The Ophelia Project is a mentoring program for girls in 8th grade through high school, with a 100% graduation rate experienced by participants and a 3.5 average GPA after most start the program with a 1.0-1.5 GPA. They were very proud to have had a couple of young ladies from Indio High School receive the Gates Scholarship, and they also now have 15 scholarships coming from College of the Desert annually. Mr. Powers said this program will be replicated in all the Coachella Valley cities where Ophelia Project is in the schools, and they were proudly anticipating going into Palm Desert Charter Middle and Palm Desert High Schools — they were ready to go after City Council approves the MOU. One of the benefits to citizens of Palm Desert is that Ophelia Project educates the constituents' children, who will become better educated, graduate, go on to college, and, hopefully, return to the City to be outstanding citizens and businesspeople in Palm Desert. They looked forward to a positive response. Councilman Jonathan noted that he intended to pull Item T from the Consent Calendar for separate discussion and asked if Ms. Francis and Mr. Powers could be present to answer questions at that time, and they agreed to do so. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 MS. FRANCIS said that the Ophelia Project has been in the desert for nearly 18 years, being run from a Palm Desert address, and she was very excited that the City Council would consider their being able to offerthe program in Palm Desert schools. MS. ANN GREER, representing ACT for Multiple Sclerosis (ACT for MS), Palm Desert, for which a funding request would be taken up under Section X - Consent Calendar, Item S, on today's agenda, said her sister was diagnosed with MS in 1998. The National MS Society had an office in Palm Desert at that time; it provided a few workshops, raised money that, basically, went toward encouraging people with the disease to cope with it by taking drugs. She related that her sister was using a wheelchair and went to a therapy session where the goal was for her to be able to use a walker to stand. She accomplished standing on her own and was told that she'd then met her goal; she was done, no more therapy. Her sister felt there were so many people in the Coachella Valley with MS who needed help and physical training that she went to her mother, Gloria Greer, and asked for help. Gloria got some of her philanthropic friends together and formed a local organization called "ACT," because the first event was held at an Art Gallery for Culture and Theater. They raised some money and started a non-profit, with the first program being to provide physical therapy. She added that around 1999, the organization went to College of the Desert (COD) to inquire about using the pool, but it didn't have a lift, so the newly formed, locally funded ACT for MS raised money to purchase a lift that was given to COD so people could use the pool for therapy. She thanked the City Council in advance for considering their funding request, adding that it was totally a local chapter — no money goes to the national organization or to research, all of it stays in the Coachella Valley to provide wheelchairs and mobility devices to clients free of charge. She said all their programs are designed to make the clients physically stronger with a better quality of life. She offered to answer any questions the Council may have. MS. NIKOHL VANDEL, Palm Springs, CA, addressed the City Council about some issues important to her and that she felt merited everyone's attention. First, she referred to the ongoing negotiations between the United States and Iran and wondered what the U. S. Congress can and can't do to support this deal, adding that The Washington Post breaks it down very well for anyone interested in learning more. With regard to Ms. Barton's aforementioned concern under Section VIII - Oral Communications today about leaf blowers, she said at her place in West Los Angeles, she has a vacuum -type device to remove leaves instead of a blower, and it could be a real solution. She also called attention to the issues surrounding poverty, homelessness, and where City officials fit into this problem in the Coachella Valley. This community has a lot of homeowner association reality problems — they don't work — division is created and power struggles happen. The City Council has a good opportunity to build really strong models on every level here. Lastly, she called attention to CVAG (Coachella Valley Association of Governments), for which she hasn't yet attended any meetings as she was unsure of their vision, because she perceives a lot of corruption there and really didn't want to get into it. CVLink — she urged Council to follow the money, where it came from, where it goes, who got 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 paid, and why officials didn't use their own free community resources to achieve buy -in before the project was started. She advocated Council doing what it could to get to the truth before the project was built, so it would be something that everyone would want to buy into first. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE SARA O'FLYNN FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS MARKETING COMMITTEE, 2005 - 2015. On behalf of the entire City Council, Mayor Weber presented the engraved crystal clockto Ms. O'Flynn and expressed sincere appreciation to herforthe 10 years of service she devoted to the City's Marketing Committee. Ms. O'Flynn graciously accepted the clock, adding that she felt she grew up with the City during her service. She had really learned a lot and connected with people on a level she hadn't anticipated, never expecting it would be part of her job here, and it gave her great purpose and joy to do so. She added that Palm Desert was a great City, and she was touched by this presentation. B. PRESENTATION OF PLAQUE TO RECOGNIZE THE CITY OF PALM DESERT'S SUPPORT FOR THE 7T" MARINE REGIMENT APPRECIATION DAY AT THE TWENTYNINE PALMS BASE ON FRIDAY, JUNE 26, 2015. Tourism & Marketing Manager Donna Gomez recalled for City Council that it voted to adopt the 7tn Regiment Marines from Twentynine Palms last December. Since that time, staff has been communicating with the Regiment and its officers to undertake the first program to really thank and recognize the Marines for what they do for all of us. The Colonel suggested the City support a Marine Appreciation Day on base; and on Friday, June 26, a group of 75 volunteers went there to feed, entertain, give away raffle prizes, and provide a terrific event for over 3,000 Marines and their family members. She said it was a huge undertaking that wouldn't have been possible without some tremendous partners — sponsorships by Pepsi, Frito Lay, Stater Brothers providing all the hot dogs, hamburgers, and buns; Costco providing all of the paper goods, and several local restaurants contributing prizes (e.g. dinners for 2 for Marines and their family members to come down to Palm Desert), and it was truly an amazing day. She said sponsors also provided volunteers, and 15 of them came from the City, of which she had never been more proud to be a Palm Desert staff member herself on that day that everyone worked so hard and so well together. She thanked City Council for allowing staff the opportunity to work on this great program, as well as the City Manager for supporting all activities the day of I. PRELIMINARY MINUTES DRAR REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 the event — letting staff work the site that day and also being one of the top grillers, standing over the grill for over three hours straight. She commended her City colleagues for their incredibly hard work that hot day to serve our Marines, and it was very, very rewarding. She added that not only did the staff appreciate the opportunity, but the Marines wanted to say thank you in return and presented a plaque to the City Council to commemorate the event and for everything the City's doing to support the 7th Regiment, which she then presented to Mayor Weber. Councilmember Harnik noted that while at a recent local event, a Marine Veteran stopped her to say, and then make sure she passed along the word to Ms. Gomez and her team, that they were all amazing, and gushed over and over about how wonderful all of this was and how appreciative everyone was for it. Mayor Weber added that when they were recently at Camp Pendleton, they went on and on about how wonderful Ms. Gomez's efforts had been to coordinate everything. On behalf of her colleagues, she expressed sincere appreciation for Ms. Gomez's service to the community and to the City. C. ORAL PRESENTATION OF A STATUS REPORT ON THE GENERAL PLAN UPDATE BY MATTHEW BURRIS, ASSOCIATE PRINCIPAL, RAIMI + ASSOCIATES. Ms. Aylaian offered that the Update to the General Plan is around an 18-20 month process, of which it's about halfway through. At this point, staff is embarking upon a series of update reports to the City Council, with plans to return approximately every 2-3 months to let everyone know what is going on. Staff's goal is to arrive at the public hearing process without any surprises; it wants everyone to be familiar with the concepts that will be proposed and what has been discussed with the community at large and individuals working more closely with the Update. She said at the end of Mr. Burris's presentation, he will be available to answer any questions and will look forward to receiving any input today or in the future via the City Manager or herself to let them know if it's the appropriate amount of information being provided in such updates and how often they should be provided. Upon inquiry about how residents are being updated on progress of the General Plan, she said it is not on the website yet, it was a good idea, and staff could easily do this. She added that staff was almost ready to roll out a program to make available and push every opportunity to get before any sort of community group (e.g. Rotary, Soroptimist, HOAs), starting with the City's standing Committee and Commission Meetings to make a presentation, having already made one of them, about the process and what the Updated General Plan will offer residents. Staff wants to make sure that everyone continues to be advised about the status of this project and looked 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 forward to receiving suggestions about organizations who would benefit from such a presentation, with several staff members being available to do so. MR. MATTHEW BURRIS, Associate Principal, Raimi + Associates, Riverside, CA, stated that his firm had been hired by the City approximately one year ago to start the City's General Plan Update process. They've been working very productively with the community and staff since that time, and now was a great time to check in with progress. He went on to provide a very detailed PowerPoint presentation, which is now on file and of record in the City Clerk's Office. Highlights from his presentation included that General Plan Direction was based on the following: — Implementation of the 2013 Strategic Plan: Envision Palm Desert —> Forward Together, a 20-year action plan that involved over 100 community members in its process and was very relevant and a perfect platform from which to develop the General Plan Update. — Maintaining competitiveness and expanding economic offerings. — Enhancing quality of life. — Creating a City Center. — Planning for the University Area. — Enhancing health, recreation, and accessibility. MR. BURRIS went on to say that a General Plan Technical Working Group composed of two Councilmembers, two Planning Commissioners, and City Department Heads have been meeting monthly to work on the project, with three community workshops also having been held, and 12-15 stakeholder interviews conducted with community leaders to obtain solid background information for the process going forward. The recurrent theme from these activities was that Palm Desert has great neighborhoods and is a fantastic place to live; residents would like to see two areas of town transformed into economic powerhouses — great places to live, work, and learn — City Center around the 111 Corridor and the area around the Universities. Nature of the changes being considered would preserve, enhance, and transform the areas so that the City continues to thrive — making sure the General Plan has tools within it for the City to be prepared to address market changes in the future. He highlighted the fact that parking is a key element to creating and maintaining a successful City Center and will be a focus of the project going forward. He further referenced the University Area, with Cal State and University of California, Riverside, campuses for their potential as major economic drivers; the General Plan Update process is examining how to derive the very most value from the connectivity of this area to achieve even greater development there. Additionally, he said that commuter rail is likely coming to the Coachella Valley just down the street from the neighborhoods of the University Area, making it transit -ready for a stop on the line and providing even greater opportunities. In closing, he referred to the next steps to be taken. The environmental review process would be commencing this E:? PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 summer, followed by draft documents available in the fall, hearings over the winter, and adoption of the Updated General Plan next spring. Upon question by Mayor Pro Tern Spiegel, Mr. Burris responded that his firm has worked for many other Southern California cities in their General Plan processes: Hermosa Beach, Santa Monica, West Hollywood, South Gate, Murrieta, Fontana, all the way east to Coachella. MayorWebersaid along with then-CounciImember Jean Benson, she served on the selection committee that recommended Raimi & Associates, whose presentation literally blew everyone else's out of the water. She added that it was very exciting, uplifting, and so grabbed and captured the essence of the City's Strategic Plan. She has not been disappointed to date. Councilman Jonathan also commended Mr. Burris for the work that's been done but added that he's very impatient to see it be completed and the Plan be adopted. He said for those who went through the Envision Palm Desert process and attended the three Highway 111 City Core Meetings, it was very familiar. He'd not seen a lot of progress since, even though there probably has been that's not as visible, and wanted to see more. He encouraged moving forward with great care but as quickly as possible. Lastly, he said the presentation was very good but a bit lengthy for a Council Meeting setting. He felt it would be great for the community to be a part of such an offering and suggested putting out this information through Study Sessions or Community Forums every couple of months where Councilmembers and the public can sit in a less formal setting with more time to absorb all the good things being done and continue to be a part of this process. X. CONSENT CALENDAR A. MINUTES of the Adjourned Regular City Council Meeting of June 18 and the Regular City Council Meeting of June 25, 2015. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 5/5/2015, 5/27/2015, and 6/3/2015. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 6/4/2015-6/5/2015, 6/5/2015, and 6/12/2015 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 D. CLAIM AGAINST THE CITY (#751) by International Apparel & Accessories/Heiress in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. MARKETING COMMITTEE MINUTES for the Meeting of May 19, 2015. Rec: Receive and file. F. REQUEST FORADOPTION OF RESOLUTIONS Setting Forth Findings and Authorizing Destruction of Paper Files from the Department of Building & Safetythat Have Been Digitally Imaged (January, February, and March 2015 Records). Rec: Waive further reading and adopt the following Resolution Nos.: 1) 2015 - 63 - January 2015 Records; 2) 2015 - 64 - February 2015 Records; 3) 2015 - 65 - March 2015 Records. G. REQUEST FOR AUTHORIZATION to Refund Building Permit Fees in the Total Amount of $20,280.93 for Comstock Homes/Comstock Homes Management VP LLC, and Comstock Crosser & Associates d.b.a. RCS Villa Portofino 211, LLC. Rec: By Minute Motion, authorize the refunding of Building Permit Fees in the amount of $20,280.93 for Project Nos. 14-64338, 14-64334, 15-65128, 15-65126, 15-65127, and 15-65129. H. REQUEST FOR AUTHORIZATION to Surplus Four (4) City of Palm Desert Police Department Segway Units. Rec: By Minute Motion, authorize the surplus of four (4) Palm Desert Police Department Segway Units as listed on the accompanying staff report (Serial Nos. 072111028533, 072311033898, 072331034476, 072111028522). REQUEST FOR DECLARATION of Vehicles and Miscellaneous Office Furniture as Surplus and Authorize Disposal as Proposed — Public Works Department. Rec: By Minute Motion, declare vehicles and miscellaneous office furniture listed on the accompanying staff report as surplus and authorize disposal as proposed. 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 REQUEST FOR APPROVAL of Vendors on the Authorized Public Safety Vendors List for Related Equipment Repairs, Equipment Purchases, and Specialty Services, Utilized by the Palm Desert Police and Fire Departments in Fiscal Year 2015-2016. Rec: By Minute Motion, approve the FY 2015-2016 Authorized Public Safety Vendors List as presented in the Riverside County Sheriff's Department Memorandum dated January 6, 2015, and in the Riverside County Fire Department List dated May 5, 2015. K. REQUEST FOR APPROVAL of Amendment No. 2 to Contract No. C33050 — Wurms Janitorial Services, Inc. — Janitorial Services at the Palm Desert Sheriff's Substation Located at 73520 Fred Waring Drive. Rec: By Minute Motion: 1) Approve Second Amendment to the subject contract with Wurms Janitorial Services, Inc., Corona, California, for the period of July 1, 2015, through June 30, 2016; 2) approve a one- year term extension of the subject contract for the period of July 1, 2015, through June 30, 2016, which includes the Second Amendment; 3) authorize an increase in the monthly Janitorial Services cost, effective January 1, 2016, for said contract from $1,618.95/month to $1,754.99/month — funds are currently available in Sheriff Substation Maintenance Account No. 5104195-4369500. L. CONSIDERATION of a Lease Agreement Between the City of Palm Desert and Desert Sands Unified School District to Continue Operating the Palm Desert Early Childhood Education Center Located at 44911 Cabrillo Avenue (Contract No. C34550). Rec: By Minute Motion, authorize the City Manager to negotiate and execute a revised Lease Agreement between the City and Desert Sands Unified School District to continue operating the Palm Desert Early Childhood Education Center at 44911 Cabrillo Avenue. M. REQUEST FOR RATIFICATION of the City Manager's Payment Authorization Memorandums to Pete's Road Service, Inc., in the Amount of $4,907.53. Rec: By Minute Motion, ratify the City Manager's Payment Authorization Memorandums to Pete's Road Service, Inc., Fullerton, California, in the amount of $4,907.53 — funds are available in General Fund Account No. 1104331-4334000 - R/M Motor Vehicles Fleet. 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 N. REQUEST FOR APPROVAL of Extension to Contract for On -Call City Surveyor Services with RBF Consulting, a Michael Baker International Company, in an Amount Not to Exceed $50,000 (Contract No. C34171). Rec: By Minute Motion: 1) Approve First Amendment to Contract No. C34170 with RBF Consulting, a Michael Baker International Company, Palm Desert, California, for On -Call City Surveyor Services in an amount not to exceed $50,000; 2) appropriate $50,000 from Unobligated General Funds to Account No. 1104300-4301000 - Professional Services - Architectural/Engineering; 3) authorize the Mayor to execute the Contract Amendment. O. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C27690B — Portola Avenue at Fred Waring Drive Masonry Block Wall Project (Project No. 633-07) (John Barajas Masonry, Bermuda Dunes, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C34160 — Substation Parking Lot Rehabilitation Project (Project No. 750-15) (United Paving Company, Corona, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Q. REQUEST FOR APPROVAL of the Joslyn Center's Fiscal Year 2015-2016 Capital Improvement Program Budget. Rec: By Minute Motion: 1) Appropriate $33,465 from Account No. 2314164-4400100; 2) approve the FY 2015-2016 Joslyn Center Capital Improvement Program Budget as presented and Palm Desert's Year Two Contribution in the amount of $33,465. R. REQUEST FOR APPROVAL of Funds for CitySourced Smartphone App in the Amount of $9,100. Rec: By Minute Motion, approve payment for CitySourced Smartphone App initial setup and one year software subscription in the amount of $9,100 — funds are available in Account No. 1104190-4336000. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 S. REQUEST FOR REVIEW AND APPROVAL of Outside Agency Funding (Charitable Contributions) for ACT for Multiple Sclerosis for Fiscal Year 2015-2016. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. T. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) for Ophelia Project Support (Contract No. C34560). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. U. REQUEST FOR APPROVAL of the City's 2015 Fall Concert Series. Rec: By Minute Motion: 1) Approve the 2015 Fall Concert Series Schedule; 2) approve Contract No. C34570A with Rumors Tribute Show LP in the amount of $3,500; 3) approve Contract No. C34570B with Boogaloo Assassins in the amount of $2,500; 4) approve Contract No. C34570C with Greg Craycraft in the amount of $2,500; 5) approve Contract No. C34570D with Dallas and Doll in the amount of $2,750; 6) approve Contract No. C34570E with Ashley Kingman in the amount of $2,800; 7) authorize Mayor to execute subject contracts; 8) authorize expenditure with Studio Instrument Rentals (SIR) of Palm Springs in the amount of $11,000 for Professional Staff, Instrumental Equipment, and Sound and Lighting Services in conjunction with the concerts (Contract No. C34460); 9) authorize expenditure with Morris Desert Media in an amount not to exceed $6,000 for radio promotion and live remotes in conjunction with the Concert Series; 10) authorize miscellaneous expenditures in an amount not to exceed $3,000 for production of the 2015 Fall Concert Series — funds are available in Account No. 1104416-4306100. V. REQUEST FOR AUTHORIZATION to Release Security on File for Tract No. 36554 and Acceptance of Maintenance Bond Therefor (Pearwood Ventures, LLC, Applicant). Rec: By Minute Motion, authorize City Clerk to release security on file for improvements for Tract No. 36554 and accept a 10% Maintenance Bond therefor. 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 W. REQUEST FOR AUTHORIZATION to Release Security for Tract No. 36554-2 and Acceptance of Maintenance Bond Therefor (Pearwood Ventures, LLC, Applicant). Rec: By Minute Motion, authorize City Clerk to release security on file for improvements for Tract No. 36554-2 and accept a 10% Maintenance Bond therefor. Councilman Jonathan asked that Item S and T be removed for separate consideration under Section XI, Consent Items Held Over. Upon a motion by Tanner, second by Spiegel, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None) , with the exception of Item S and T, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER S. REQUEST FOR REVIEW AND APPROVAL of Outside Agency Funding (Charitable Contributions) for ACT for Multiple Sclerosis for Fiscal Year 2015-2016. Mr. Wohlmuth recalled for the Council that when it initially considered the Outside Agency Funding (OAF) Committee's recommendation, Councilmember Harnik requested ACT for Multiple Sclerosis (ACT for MS) be considered. He said the OAF Committee discussed funding of these types of 501(c)(3) that are not necessarily national organizations, but more likely local organizations. When the Council approved the Budget, the Outside Agency Account had remaining funds that were not allocated. Therefore, at this time, the OAF Committee recommends approving $5,000 for ACT for MS. Councilman Jonathan expressed he was concerned with the process that took place here, because the initial one was very elaborate and there was notice to all applicants. The Committee then met, deliberated, and presented their recommendation to the Council where it was discussed and approved for funding. He pulled the staff report from May 14 that was prepared by Frankie Riddle and he didn't see that ACT for MS had applied, because it wasn't listed as an organization that had applied and was denied. Mr. Wohlmuth explained ACT for MS did submit an application, but the Committee or staff felt it was a national organization, so it was pulled from the list as would the lung and heart association applications, because they didn't meet the criteria. Due to Councilmember Harnik's request, staff looked into ACT for MS and believed it to be a local 501(c)(3) organization serving Palm Desert residents. Further responding, he confirmed ACT for MS 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 submitted an application and certain they had submitted many applications in prior years. Councilman Jonathan said he recalled there was a total amount available of $181,000 for Capital Improvement projects, $40,000 for public service programs, $53,000 for Administrative costs, etc., so he thought that budget was totally utilized. Mr. Wohlmuth noted Councilman Jonathan was referring to the Community Development Block Grant (CDBG), and this item had to do with the Outside Agency Funding. Further responding, he said this item was within the budget as the Council appropriated $178,000 in the 2015/2016 Budget for OAF, and it was still in the budget, so this $5,000 was well within that amount. Councilman Jonathan asked the City Manager if he anticipated any kind of backlash from other organizations for considering this additional request. Mr. Wohlmuth said he did not. Councilmember Harnik commented that ACT for MS complied with all the guidelines as presented by the City for all 501(c)(3) organizations that are local. The only reason ACT for MS was denied, and they had been denied for several years, was because the Committee believed it was a national organization. She noted at one time she was part of this group, however, as stated by Ms. Greer, ACT for MS was formed in Palm Desert and serves locally. Councilmember Harnik moved to, by Minute Motion: 1) Approve award of charitable contribution in the amount of $5,000 to ACT for Multiple Sclerosis (ACT for MS) with associated restrictions and conditions; 2) authorize the Mayor to execute agreement with said agency for awarded funding. Motion was seconded by Spiegel and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). T. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) for Project Support (Contract No. C34560). Mr. Wohlmuth noted he prepared the staff report and had been working with Councilmembers Tanner and Harnik on this issue. His original concern was that this should be a matching commitment, which has been drafted in the Memorandum of Understanding (MOU). Therefore, the City is providing $20,000 the first year for the start up cost to have this program in the middle school, high school, and mentor availability at College of the Desert, $10,000 the second year, and $5,000 the third year. He said the Ophelia Project has to match the first year to qualify for the $10,000 in year two, and match the second year to qualify for $5,000 in year three. Staff requested Council appropriate the $20,000 and approve the MOU. He said the Council can 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 also direct staff to utilize any remaining funds in the Outside Agency Fund as part of the first year's commitment. He pointed out this was a three-year MOU that provides $20,000, $10,000, and $5,000 for years one through three. He believed the Council was aware of the great work the Ophelia Project did in the community, stating they are interested in starting the program in Palm Desert schools as well as growing it throughout the Coachella Valley. He said staff recommended the City participate with the Ophelia Project by entering into the MOU. Mayor Weber recalled proposing the Ophelia Project in 2013 and 2014, because she had attended their meetings and they made its national headquarters in Palm Desert. At that time, at the direction of the City Manager, they were advised to apply for a grant. Therefore, she was puzzled as to how the grant process was circumvented to go directly into an MOU for a different kind of funding. Mr. Wohlmuth explained this MOU and commitment for three years didn't fit into the Outside Agency Funding, although it was similar, because it's a matching grant with an agreement. Further, it also didn't fit into a one-year fiscal year budget that the City normally worked on. Councilmember Harnik pointed out that an important component this time around is that Ms. Francis laid the grown work at Palm Desert High School and had buy -in from the principal, which was the first time it had been done. Mr. Wohlmuth pointed out the MOU includes responsibilities from numerous parties, including Desert Sands Unified School District and Palm Desert Charter Middle School. He said the Ophelia Project received commitments from those entities that will include bussing, space to hold meetings, and allowing students to participate. Students participating in the program may miss class time, which is an important aspect that is part of the MOU. Mayor Pro Tern Spiegel said it was a great project and anything the City can do to support the schools, which it did already, should continue. Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Authorize Mayorto execute the Project MOU; 2) appropriate $20,000 for Fiscal Year 2015-2016 from the General Fund, Unobligated General Fund Reserve to Account No. 1104800-438000 for the first year City commitment to the Project in Palm Desert Schools. Motion was seconded by Harnik. Councilman Jonathan concurred. However, the Ophelia Project is appropriately for young ladies, but friends at the school district will tell you that emerging as a larger problem is with the guys. The dropout rate is high, the graduation rate is bottoming out, and Cal State is experiencing similar problems. He wasn't sure if it was happening at College of the Desert, but 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 registration for guys is historically low. He knew the Ophelia Project has looked at the possibility of expanding its wonderful work to the other gender, stating the City has helped women in the Athena Awards and other things, and he wouldn't deny support to the Ophelia Project, but he wanted to know if it was possible to use the middle school and high school as test sites for working with young men. He would feel much better about supporting the Ophelia Project, as a City, if it benefitted all its residents and not just half of them. Mr. Wohlmuth pointed out the MOU was gender neutral. Councilman Jonathan said he understood, but the Ophelia Project so farwas not. MR. BILL POWERS, Chairman of the Board of the Ophelia Project, shared that today they drafted a letter to do exactly what Councilman Jonathan suggested. He said Board Member Aurora Wilson and Dee Dee Tanner have done a lot of work on this already. In fact, there already is a group that has been trying it out, and if they are successful, they will take it over to include a male component. MS. SUSAN FRANCIS, Executive Director of the Ophelia Project, said their Board has been talking about adding a boys' component for several years. With the Ophelia Project, in their research they learned there are many mentoring programs for teens, and they are all necessary. However, the approach and curriculum they developed along with training for the volunteers, is very unique to the Ophelia Project. Therefore, when they do the boys' programs, it needs to be just as unique and special. She explained that the Ophelia Project for girls is in the schools during school hours at the invitation of the high school, which is wonderful. However, the boys' program might need to be outside of school hours, stating the program will need to be specific to the issues in their high -risk family life. Going forward they will be careful and diligent in making sure that the approach for boys is the right one. Today, at her Executive Board Meeting, a reputable well-known agency requested to work with the Ophelia Project on doing their concept of a boys' program. In fact, the Executive Committee directed her to proceed in those negotiations. However, she couldn't guarantee that by September they would have a boys' program, but they are looking at it very intently. Responding to question, she confirmed they were moving in the direction of incorporating a boys' program. Councilman Jonathan said that was good enough for him and hoped that when the Council is approached for more funding at a future date, he will be looking to see what progress has been made in that regard. 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 MS. FRANCIS promised to return for more funding and also provide an update on the boys' concept. Councilman Jonathan noted his concern was not meant to detract from the much needed and wonderful work being done with young ladies, stating he has been brought to tears by their stories. Adding that he was not looking to take away, but to expand. MS. FRANCIS provided the Council with a copy of the Ophelia Project video, stating the one called "Luncheon 2014" with the girls' testimonials is what she wants from the boys. Mayor Pro Tern Spiegel commented the City has been very supportive of after -school programs and financially pays for them at the middle school and Lincoln Elementary School. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XII. RESOLUTIONS A. RESOLUTION NO. 2015 - 66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENT ALONG THE COMMON LINE OF LOTS 18 AND 19 OF TRACT NO. 28818-1 IN LOT "J," UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. Mr. Greenwood stated this was an unused and unnecessary public utility easement within the Marriott Shadow Ridge Project and the owner wishes to vacate it. Staff recommended approval. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 2015 - 66. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). B. RESOLUTION NO. 2015 - 67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THAT SHOULD THE CITY BE SELECTED TO RECEIVE GRANT FUNDING, THE CITY MANAGER OR DESIGNEE MAY EXECUTE AGREEMENTS WITH THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS RELATIVE TO AN ACTIVE TRANSPORTATION SAFETY AND ENCOURAGEMENT CAMPAIGN. Associate Planner Eric Ceja stated that under the General Plan Update presentation, Council heard about the focus on San Pablo and its corridor. im PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 Coinciding with the General Plan Update, SCAG (Southern California Association of Governments) had a call for proposals that would allow the City to do a demonstration of the envisioned improvements along San Pablo. Because of the deadline for that proposal being June 30, staff prepared and submitted an application; the details are in the staff report. Should the City be selected, staff recommended being able to participate in the program. Responding to question about the amount of the grant, he said SCAG has been vague, indicating that funding will be available depending on the number of projects selected. Councilman Tanner moved to waive further reading and adopt Resolution No. 2015 - 67. Motion was seconded by Spiegel and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XIII. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1287—AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FORATHREE-STORY,152-ROOM BOUTIQUE HOTEL DEVELOPMENT LOCATED ON THE NORTHEAST CORNER OF LARKSPUR LANE AND SHADOW MOUNTAIN DRIVE, Case No. DA 15-087 (El Paseo Hotel, LLC, Applicant). Mayor Pro Tern Spiegel moved to waive further reading and adopt Ordinance No. 1287. Motion was seconded by Harnik. Responding to Councilman Jonathan's question about the Transient Occupancy Tax (T.O.T.) Agreement, Mr. Wohlmuth replied the Council had already approved a 50% T.O.T. Sharing Agreement. Economic Development Manager Ruth Ann Moore added the Agreement was already in place for $1.8 million, stating the collection of the T.O.T. will be split 50/50 between the Applicant and the City up to that $1.8 million. Based on the analysis, staff anticipates it will occur somewhere between year 5 and 6; thereafter, the City will be collecting 100% of the T.O.T. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE PALM DESERT POLICE DEPARTMENT'S PARTICIPATION IN THE POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAMS (P.A.C.T.) PROGRAM FOR FISCAL YEAR 2015-2016. Risk Manager Stephen Y. Aryan recalled for the Council that back in 2011 when AB109 was passed, it basically shifted post -release supervisory responsibility for non-violent, non -serious, and non -sex offender inmates from the State to the County. In an effort to lessen these realignment impacts, the State provided funding to support local governments in their new oversight function. Funds allocated to Riverside County were utilized to support Post -release Accountability and Compliance Teams also known as P.A.C.T. that were formed to mitigate realignment impacts. Staff recommended continued participation in P.A.C.T. by providing a supervisory corporal from general law enforcement patrol to what is known as the East -PACT Team, which is comprised of representatives from the five valley cities, District Attorney's office, and Riverside County Probation. The City's officer's prime responsibility will be the supervision of post -release inmates in the Palm Desert community. Participation in the program will result in a savings of approximately $200,000 in this fiscal year's police budget as the program pays for about 70% of that position's salary and benefit cost. He noted the Public Safety Commission recommended approval of this item, which will also help meet the goal of the City's Strategic Plan; Priority 1 - Public Safety, to enhance the delivery of public safety services. Mayor Pro Tern Spiegel moved to, by Minute Motion, approve the Palm Desert Police Department's participation in the Post -Release Accountability and Compliance Teams (P.A.C.T.) Program for FY 2015-2016. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). B. REQUEST FOR EXEMPTION TO BIDDING REQUIREMENT, AS PROVIDED IN PALM DESERT MUNICIPAL CODE SECTION 3.32.090, TO ALLOW SOLE -SOURCE PROCUREMENT FROM GREENDAY, LLC, AND AUTHORIZE PURCHASE OF REPLACEMENT PLANTER BOXES, AND THE APPROPRIATION OF FUNDS IN THE AMOUNT OF $57,842.40 FROM THE UNOBLIGATED RECYCLING FUND FOR SAME (PROJECT NO. 997-16). Mr. Greenwood stated the San Pablo Community Gardens has been in existence for nearly 20 years, and the raised planter boxes are made out of plasticized recycled lumber material, which is not suitable for the desert. The boxes are also not suitable for this use where it's subjected to water and heavy weight for long periods of time and the maintenance has increased 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 over time that it's time to replace them. The City has a long history of being a leader in recycling and the Public Works Department has been a proud participant in that effort. Recently, through the successful Street Furniture Replacement Project on El Paseo, staff discovered Greenday, LLC, a local company in Indio, California, that recycles glass and concrete products. Following that project, Public Works ordered 20 picnic tables for Civic Center Park that were just installed and so far very successful. Staff would like to continue to use Greenday, LLC, who is a unique vendor; there are no competitors, at least not locally with that type of product. Therefore, staff recommended using Greenday, LLC, as a sole -source for this project. Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Approve an Exemption from the Bidding Requirement, as provided in Municipal Code Section 3.32.090, to allow sole - source procurement from Greenday, LLC, Indio, California, for replacement Community Garden planter boxes; 2) authorize purchase of 28 replacement Community Garden planter boxes in the amount of $52,584; 3) authorize Director of Finance to set aside a 10% contingency for the project in the amount of $5,258.40; 4) appropriate $57,842.40 from Unobligated Recycling Fund; 5) authorize the City Clerk to advertise and call for bids for the irrigation and soil materials at such time as is appropriate to coordinate with box delivery (Contract No. C34580). Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). C. REQUEST FOR AUTHORIZATION OF A ONE-YEAR CONTRACT EXTENSION WITH GLYN DONALD GRAY, d.b.a. GDG, FOR OPERATION OF THE EL PASEO COURTESY CART SERVICE (CONTRACT NO. C33082). Economic Development Manager Ruth Ann Moore noted this was an extension to the existing contract for one year with the amount being the same as last year. Staff recommended approval of the extension to the contract, stating funds are available in the General Fund. Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Approve a one-year contract with GDG for an amount not to exceed $90,000 for operation ($82,000 for scheduled hours, $3,000 for operating during special events, and $5,000 for vehicle maintenance and repairs) of the El Paseo Courtesy Cart Service, commencing October 30, 2015, through May 14, 2016; 2) authorize reimbursement of $5,000 from El Paseo Business Improvement District Account No. 1104491-4321500 to Courtesy Cart Account No. 1104416-4368100 as contribution toward operations; 3) authorize Mayor to execute said contract — funds are available in the approved FY 2015-2016 Budget in Account No. 1104416-4368100 - Courtesy Carts. Motion was seconded by Harnik. Councilman Jonathan asked if there were any standards or ridership data indicating the trend. 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 Ms. Moore explained that ridership is kept and she could submit that information to him. She said staff is tracking it this year because during the recession just two years ago they had been trending 50,000 to 52,000 riders a year, but the hours of operation was shrunk. Therefore, staff is waiting on the numbers as a comparable to see if there was growth; however, data for prior yeas was not tracked. Further responding, she confirmed the program was generally successful, stating the numbers were coming back up since the recession is over and 51,000 ridership was a good number. Mayor Pro Tern Spiegel said the City used to run a bus for free, but this was much cheaper. Mayor Weber asked how riders was counted, because when she was in Monterey and rode the trolley, the guide had a clicker to keep count. Ms. Moore replied data is kept on a clipboard, stating a count is taken at the end of every loop. Mayor 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 AWARD OF CONTRACT FOR CONSTRUCTION OF THE 2016 STREET RESURFACING PROJECT TO MATICH CORPORATION, INC., IN THE AMOUNT OF $1,405,010 (CONTRACT NO. C34390, PROJECT NO. 752-16). Mr. Greenwood noted the staff report and offered to answer questions. Responding to question, he said he didn't give much thought to the fact that the next lowest bid was by a local vendor. Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Award subject contract, including Bid Alternate #1 for Construction of the 2016 Street Resurfacing Project to Matich Corporation, Inc., Highland, California, in the amount of $1,405,010; 2) authorize Director of Finance to set aside a 10% contingency for the project in the amount of $140,501; 3) authorize Mayor to execute the contract — funding is available for this project in Account No. 2364311-4332000 - Recycling Fund Street Maintenance, Account No. 2134311-4332000 - Measure "A" Street Maintenance, and Account No. 2114311-4332000 - Gas Tax Fund Street Maintenance. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 E. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE TAMARISK ROW MICRO -MILL PROJECT TO PAVEMENT COATINGS COMPANY IN THE AMOUNT OF $52,720 (CONTRACT NO. C34530, PROJECT NO. 621-16). Mr. Greenwood noted Tamarisk Row is directly adjacent to a very mature strand of tamarisk trees that separate the railroad from the street and neighborhood. He said that street is significantly damaged by the tamarisk roots. Every several years, the City has dug up parts of the street to get the roots out, and they are significant, stating they can pass for a tree trunk, which is how substantial they are. The City has long-term plans for Tamarisk Row that may include installing a storm drain that will include narrowing the street to locate the mid -valley bike path. Therefore, staff didn't want to do a permanent project now, so this was more of a temporary band -aid to grind off the significant bumps in the road and make it driveable for a few years while the other projects mature and come to the Council at a later date. Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Award subject contract for Construction of the Tamarisk Row Micro -Mill Project to Pavement Coatings Company, Jurupa Valley, California, in the amount of $52,720-1 2) authorize Director of Finance to set aside a 10% contingency in the amount of $5,272; 3) authorize Mayor to execute said contract — funding is available in Measure "A" Street Maintenance Account No. 2134311-4332000. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). F. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT AND CITY OF PALM DESERT AS IT RELATES TO PARTICIPATION IN THE AFTER SCHOOL PROGRAM AT LINCOLN ELEMENTARY SCHOOL (CONTRACT NO. C34590). Ms. Riddle noted this item was for approval of the after school care program for Lincoln Elementary. There is a change in the program where after school care will still be provided with a focus on academics primarily with social and enrichment classes to provide a well-rounded program. The previous operator was the Family YMCA of the Desert; however, Principal of Lincoln Elementary Maryalice Owings requested a change relative to the operator. The operator will now be the Desert Recreation District as they can provide services to more children because they receive pass -through funds from the City. Additionally, the portion of the funding from the City will be separated, because they have two funding sources, which is the City's funding and the After School Education & Safety (ASES). The ASES program requires students stay until minimum of 5:40 to 6:00 p.m.; however, for some parents it's a problem. Therefore, the proposal is that under the City's funding, students are not under that regulation and can be picked up earlier if needed. 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 Mayor Pro Tern Spiegel moved to, by Minute Motion, authorize the Mayorto execute an MOU between Desert Sands Unified School District (DSUSD) 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 in the FY 2015-2016 Budget, Account No. 1104800-4389201. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). G. 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. C34600). Ms. Riddle stated this item was for the after school care program at Palm Desert Charter Middle School where the focus is still on academics. Since the school took over the operation, students' grades have shown a vast improvement; the program has been well received by the 61n 7tn and 8tn graders, including the parents and community. Mayor Pro Tern Spiegel moved to, by Minute Motion, authorize the Mayorto execute the subject MOU between Desert Sands Unified School District, Palm Desert Charter Middle School, and the City of Palm Desert relative to the After School Program at Palm Desert Charter Middle School — funding in the amount of $75,000 was included within the FY 2015-2016 Budget, Account No. 1104800-4389201. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). H. REQUEST FOR AUTHORIZATION TO PURCHASE FERTILIZER PRODUCTS FOR THE DESERT WILLOW GOLF RESORT IN AN AMOUNT NOT TO EXCEED $186,470.64 FROM CROP PRODUCTION SERVICES (CONTRACT NO. C34610). Mr. Alvarez stated this was the annual fertilizer purchase for the golf course and grounds at Desert Willow Golf Resort. He noted staff went out to bid for this service and received one bid from Crop Production Services. Responding to question on how this bid compared to last year, he said the pricing was equivalent, but staff was ordering 20 times less fertilizer. Councilman Tanner moved to, by Minute Motion, authorize: 1) Desert Willow Golf Resort to purchase Fertilizer Products from Crop Production Services, San Jacinto, California, for FY 2015-2016 in an amount not to exceed $186,470.64; 2) Mayorto execute the related contract — funds are available in Course and Grounds Expenses, Account No. 5204195-4803100. Motion was seconded by Harnik and carried by a 5-0 vote (AYES.. Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 REQUEST FOR AWARD OF PURCHASE FOR 148,000 POUNDS OF GRASS SEED TO SIMPLOT PARTNERS FOR FISCAL YEAR 2015-2016 IN THE AMOUNT OF $169,583.20 (CONTRACT NO. C34620). Mr. Alvarez noted this was an annual purchase of seed for both the golf course and grounds at Desert Willow. Staff went out to bid for this service and Simplot Parnters is recommended for award of contract. Responding to question on how this bid compared to last year, he said it was very similar. Mayor Pro Tern Spiegel moved to, by Minute Motion, authorize: 1) Desert Willow Golf Resort to purchase 148,000 pounds of seed from Simplot Partners, Palm Desert, California, for FY 2015-2016 in an amount not to exceed $169,583.20-1 2) Mayor to execute the related contract — funds are available in Course and Grounds Expenses, Account No. 5204195-4803100. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). J. REQUEST FOR AUTHORIZATION FOR CITY MANAGER TO AWARD BID AND EXECUTE CONTRACT TO REPLACE TWO (2) AIR CONDITIONERS AT THE DESERT WILLOW GOLF RESORT CLUBHOUSE IN AN AMOUNT NOT TO EXCEED $40,000 (CONTRACT NO. C34630). Mr. Alvarez explained there are two air conditioner units that need replacement at Desert Willow Golf Resort clubhouse and locker room. Staff is requesting Council authorize the City Manager to go out to bid and award the contract to the lowest possible bidder in the amount not to exceed $40,000 prior to the next City Council meeting in August. Because of its urgency in terms of the air-conditioning system, staff would like to get approval now. Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Authorize the City Manager to award bid and execute contract to Replace Two (2) Air Conditioners at the Desert Willow Golf Resort Clubhouse; 2) declare existing air conditioners surplus and authorize staff to dispose of them — funds are available in Fund 441 - Golf Course Capital. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). K. REQUEST FOR AWARD OF CONTRACT TO H & L PARTNERS TO PROVIDE MARKETING SERVICES TO THE CITY OF PALM DESERT FOR FISCAL YEAR 2015-2016 (CONTRACT NO. C34640). Tourism & Marketing Manager Donna Gomez stated this item was for award of contract to H &L Partners to provide marketing services for the City for Fiscal Year 2015/2016. Based on budget discussions, City Council showed their support for enhancing the Marketing Program this next year. This item went out for Request for Proposal and received 13 proposals that went through an extensive review process by staff and Marketing Committee. P401 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 Therefore, staff recommended award of contract to H & L Partners who has demonstrated a wonderful experience in the tourism industry and City government. She believed this was the agency that could take the Marketing program to the next step. She was excited to have an opportunity to work with an agency with a vast type of experience. Mayor Pro Tern Spiegel added the Marketing Committee unanimously approved this group, stating H & L Partners showed what they were doing in Missouri, which is a "Show -Me" State and it's marvelous. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Concur with the Marketing Committee's recommendation and award the subject contract to H & L Partners, St. Louis, Missouri, in the amount of $108,000; 2) authorize Mayor to execute said contract on behalf of the City —funds have been budgeted for the contract in Account No. 1104417-4309000. Councilman Jonathan said he had complete faith in the Marketing Committee and staff, but he noticed there were four local firms that submitted bids. He assumed the one selected made such an impression. Ms. Gomez agreed, stating not only did they impress over local agencies, but the City was currently contracting with an agency out of Phoenix. Therefore, going in, in order to knock off existing agencies the City had been working with for several years, it had to be a firm that would blow their socks off, and they did. She said H & L Partners is very impressive, and she highly recommended the Council go on their website to see samples of their work. Councilman Tanner seconded the motion and it carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). L. REQUEST FOR APPROVAL OF FUNDING FOR EVENTS RELATED TO "F1 RST WEEKEND PALM DESERT" IN FISCAL YEAR 2015-2016AND FOR DIRECTION REGARDING FOOD TRUCKS. Economic Development Manager Ruth Ann Moore pointed out there are three discussion points to review and she would address them individually. She said F1 RST WEEKend was started two years ago in an effort to promote the many cultural activities throughout Palm Desert to both the residents and tourists. The City has been successful in creating partnership in the various organizations in Palm Desert to promote all their activities under the umbrella of F1 RST WEEKend, the first weekend concept. At the last budget session, Council approved an expenditure of $25,000 to sponsor or create a feature event that will kick off F1 RST WEEKend in November. Staff approached all its partners with this idea and Westfield responded with a new event for the City to consider sponsoring. She introduced Westfield General Manager Diana Grasso and Westfield's Marketing Director 26 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 Franchesca Forrer to provide the Council with a brief presentation of their event. MS. DIANA GRASSO, General Manager at Westfield together with Westfield's Marketing Director Franchesca Forrer, expressed their excitement for the proposed event called "Street" to be held on Saturday as part of the launch of the F1 RST WEEKend . The event will be held on the deck of the third level parking garage on the Macy's side of the west end of the property. They have identified this as an outstanding event venue that could potentially be used for future events, mostly because it sits amongst the backdrop of the beautiful Palm Desert with its outstanding views of the entire City. She displayed the site plan showing easy access to all the parking and a variety of the views from the deck. She said Street was a celebration of street art, street music, street fashion, and street food, and can be made up of all sorts of art. For instance, throughout the City one can see utility boxes and bus stops that are painted. Westfield wants to bring a unique element to the Coachella Valley celebrating artist and musicians in the area, stating they have contracted Man One and Christina Angelina to bring live muralists and live activities, including the Coachella Valley Art Scene that will participate in some unique community art project during the event. Music will be a huge part of the event as well, stating they are working with local musicians like artist and DJ Alf Alpha, Michael Reyes and others to bring the event to life. Food will also be a big part of the event with Stuff Pizza who is one of the newest additions at Westfield and doing very well. There will be a pop-up bar & lounge, food trucks, and music to bring the street element and provide something new and different that hasn't been seen before. They will curate a high amount of retail and fashion to enhance the experience, and bring a group like MAC to do graffiti makeup. She said the parking lot will be transformed into something that will be very interesting. Also, Street is buzz worthy, so they will leverage the power of the Westfield portfolio with partners in Los Angeles and San Diego to create almost 500,000 likes to promote this event as part of the weekend itself. They are also working with hotel partners to create packages and different types of incentives to attract the drive market to this particular event. With E-blast and their own social network, this is something they will heavily promote and invest in as well. Councilmember Harnik said she heard about this at the Hotel and Special Events Committee where it was well received and she loves it. She felt it was important that Matthew Burris (Associate Principal with Raimi + Associates) see something like this, because he needs to understand what happens on the other side of Highway 111 and suggested that he be informed. Councilman Jonathan said he loved the event and thanked them for proposing it. He inquired about the admission fee to the event. 27 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 MS. GRASSO replied that Westfield was working in concert with the Palm Springs Art Museum of Palm Desert as they are the ones actually administering the fee. They have discussed a $20.00 general admission and a $15.00 fee for PSAM members; all proceeds from ticket sales are going to support the Art Museum in Palm Desert. As a side note, Mayor Weber commented she appreciated Westfield's support at the recent MIA/POW event. THREE (3) SEPARATE ACTIONS WERE TAKEN HERE: Mayor Pro Tern Spiegel moved to, by Minute Motion, approve a sponsorship in the amount of $20,000 with Westfield Palm Desert for November 7, 2015, for a F1 RST W EEKend event entitled "Street" that will be located on the top floor of the western parking structure, including authorizing use of food trucks for the event — funds are available in Account No. 1104417-4322200 (Contract No. C34650A). Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). Ms. Moore said the next item for consideration was authorization of a working budget for an event on El Paseo. Staff received direction from the City Manager to develop an event that would locate on El Paseo between San Pablo and Larkspur Lane, the site of a new proposed outdoor event space as outlined in the staff report. This would allow for the concept to be tested prior to construction to determine the location's effectiveness. The working title of the event has been PD Mod, a vintage inspired event with music, dancing, fashion, food, and craft beer. As this is a work in progress, staff approached Executive Director of Modernism Week to make this a kick-off event. Staff received initial support from the Executive Director, but their Board met last night and actually declined participating. However, staff was still going forward with an event, but in order to do so, it would be necessary to create that working budget of $30,000. She said staff will return with a more refined event to present to Council prior to the actual event. Responding to question, she confirmed funds will allow staff to work with other partners and see what they can bring to the table, but staff knew it will need to provide staging for whatever other type of event it creates. Councilman Jonathan said he loved the concept, because he has been pushing for a test run on closing El Paseo or a portion of it. He noticed staff was suggesting closing portions of El Paseo from noon to 4:00 p.m., however, that was prior to cocktail hour. Therefore, he suggested extending the hours from noon to 8:00 p.m. to incorporate the evening patrons. Ms. Moore, agreed, stating she will probably end up asking to close the street for the entire day because of the set up and everything involved. She said staff was working with The Gardens as to whether they're going to be m PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 doing a concert that night, which is why the request was from noon to 4:00 p.m. However, staff was still in the free -flow process where the event may be extended. Councilman Jonathan commented it would be a perfect segway to close the street for cocktail hour and through the concert, which would be nice if it can be managed. He and the City Manager talked at one point, about a suggestion from Mitch Gershenfeld at the McCallum, to bring an act to El Paseo that was similar to Circus Soleil, specifically for outdoor. Ms. Moore pointed out Management Analyst Deborah Glickman was looking into it and is working out some general numbers. Management Analyst Deborah Glickman added she has been working with a group called Strange Fruit on figuring out the numbers, which is in the $3,500 starting range. She is also looking into a couple of cost -sharing grants with the California Arts Council or the National Endowment for the Arts (NEA) that might be appropriate forthis event. However, she suggested having this event for November of next year's F1 RST WEEKend season. Responding to question, she said the grants require a non-profit partnership, so it was a perfect situation to invite all the parties. Councilman Jonathan noted he got on their website and thought they are amazing and a terrific draw. Ms. Glickman agreed, stating staff was looking at several locations for Strange Fruit other than El Paseo, because Civic Center Park was also a perfect location. Ms. Moore requested Council consider Items 2, 3, and 4 under one vote. Mr. Wohlmuth asked that Council strike "PD Mod" from the recommendation and instead just indicate "the event." Councilman Jonathan moved to, by Minute Motion, approve a working budget of $30,000 and for staff to move forward to create a F1 RST WEEKend event, on February 6, 2016, subject to finalization and authorization by City Council, along with the following: a) Authorization to close a portion of El Paseo on February 6, 2016, as shown in the Site Map for the event; b) permit the consumption of alcoholic beverages on City -owned property; c) appropriate an additional $25,000 from the Unobligated General Fund for the event to Account No. 1104417-4321900; d) authorize City Managerto execute any related agreements, and authorize City Attorney to make non -substantive changes to the agreements associated with F1 RST WEEKend (Contract Nos. C34650B-Z). Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None) at PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 Ms. Moore went on to say that the final discussion point was for direction on the existing food truck moratorium. On April 10, 2014, the City Council approved Urgency Ordinance No. 1269, making findings and establishing a moratorium on the operation of food vending trucks within the public right-of-way. While this did not pertain to the existing events, because they will be permitted under a Temporary Use Permit (TUP), the City Manager requested direction on future use of food trucks and whether City Council wished to revisit the Moratorium or continue with the current process to allow them at events through a TUP. Mayor Pro Tern Spiegel preferred having them only at events subject to the TUP process, stating he would not like to see them on El Paseo every day of the week. However, having them at Westfield for the Street event would be appropriate. Councilman Jonathan said food trucks at events was a non -issue, staff was asking for direction on whether or not to revisit the Moratorium on the public right-of-ways. He too had concerns about food trucks, but it wasn't about their competition with restaurants, stating the City works hard to bring in more hotels and no one worried about whether they will hurt other hotels because competition was good. He said restauranteurs will tell you that if they operate a restaurant and can't compete with a food truck, they shouldn't be in the restaurant business. He said if food trucks are properly managed, they are another resource for residents and visitors, because they are not what they were yesterday. Today they are specialty foods and extremely popular wherever they appear. However, he wouldn't want to blindly lift the Moratorium and allow them to go anywhere, because he agreed they are not suitable on El Paseo, but perhaps areas can be designated where they are appropriate, subject to a permitting process. He said food trucks have been used in golf tournaments and other cities like Cathedral City, and places throughout the south land like Los Angeles and Santa Monica with incredible success. Further, with all the work being done with the City's corridors to create reasons for people to come to Palm Desert, food trucks will compliment that goal of the Envision Palm Desert. He wasn't in favor of immediately rescinding the Moratorium, but he would like staff to explore an ordinance that would make sense and also address the valid concerns that exist for food trucks, but at the same time enable them to have a presence in the City. Mayor Pro Tern Spiegel suggested having Councilman Jonathan work with Ms. Moore and come up with another Ordinance. Councilman Jonathan said he would be happy to do so. Mayor Weber asked if the Moratorium had an expiration date, however, she was surprised to see food trucks as part of this item. 30 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 Ms. Aylaian responded the Moratorium was still in effect without a deadline. Mayor Weber agreed with Councilman Jonathan that food trucks should be examined a little further, suggesting he see the layout staff had previously presented to the Council indicating where they are allowed. Councilman Tanner agreed with Mayor Pro Tern Spiegel that in certain circumstances food trucks should be allowed for events only, but he didn't want the Moratorium eliminated. Further, in protection of El Paseo and the Highway 111 corridor, food truck vendors will continue with the TUP process. Councilmember Harnik was in favor of continuing with the TUP process, stating food trucks certainly would add to festivals and certain events. However, restauranteurs invest in bricks and mortar incurring significant costs to open a restaurant, and Council had to be respectful of their investment. She was open to looking at the Moratorium, but she didn't believe there was a place for food trucks on Highway 111 where it will hurt restauranteurs that have taken the risk and paid substantial funds to open their restaurant, to then impact them with someone who can drive a truck in and out. Although, she didn't think restaurants or food trucks attracted the same clientele, Council had to be very careful of it, stating areas near the education corridor would be a good fit. Part of the direction to staff would be to entertain TUP's for special events. Ms. Aylaian pointed out the current Ordinance, inclusive of the Moratorium, allowed food trucks under a TUP, which is already in place. It was her understanding that Council would like staff to considerways that the City can allow food trucks in certain areas of town, lift the Moratorium, but work with Councilman Jonathan to identify an appropriate manner of regulating them. Councilmember Harnik commented that another consideration was to not allow them, stating she thought the Moratorium just needs to be reviewed. Councilman Jonathan suggested the motion should be to authorize him and another Councilmember to work with staff and explore the possibility of modifying the existing Ordinance. Mayor Pro Tern Spiegel agreed to be on the subcommittee. He went on to say that his colleagues concerns were valid and he will keep them in mind. Mayor Pro Tern Spiegel moved to, by Minute Motion, appoint a subcommittee of Councilman Jonathan and Mayor Pro Tem Spiegel to work with staff on the issue of food trucks for future consideration by the City Council. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 31 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 XV. CONTINUED BUSINESS A. MINUTES OF THE REGULAR PALM DESERT CITY COUNCIL MEETING OF JUNE 11, 2015 (Continued from the meeting of June 18, 2015). Upon a motion by Harnik, second by Spiegel, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the Minutes of the Regular Palm Desert City Council Meeting of June 11, 2015, were approved as presented. XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 — CONTRACT NO. C223101 — DYNAMIC ENGINEERING SERVICES, INC., AND OF CHANGE ORDER NO. 2 — CONTRACT NO. C22310H — POWELL CONSTRUCTORS, INC., AND OFFICIALLY ACCEPT THE FEDERAL AND STATE FUNDING FOR THE MONTEREY AVENUE AT INTERSTATE 10 RAMP MODIFICATION PROJECT (PROJECT NO. 669-02). Mr. Greenwood said this should be Council's last action on the Monterey Interchange Construction Project. Through the course of construction, many minor items came up including changes from CalTrans. The change orders include about a dozen items, some costing more money and others involving a credit. He noted the project was still within the contingency budget and there shouldn't be any additional change orders. Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 1 in the amount of $44,929.35 to Contract No. C223101 with Dynamic Engineering Services, Inc., Corona, California; 2) approve Change Order No. 2 in the amount of $306,844.63 to Contract No. C22310H with Powell Constructors, Inc., Fontana, California; 3) authorize transfer of $306,844.63 from contingency to base for the project; 4) officially accept the Federal and State Grants associated with said project; 5) authorize the Mayor to execute the subject Change Orders — funds are available in Account No. 2134389-4400100 - Monterey Avenue at 1-10 Ramp Modification. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber: NOES: None). XVII. PUBLIC HEARINGS A. CONSIDERATION OF ACTIONS RELATING TO PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2015-2016. Senior Management Analyst Ryan Stendell stated the ballots received on the President's Plaza Business Improvement District are to be opened and 32 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 counted. Staff recommended opening the public hearing, taking public testimony, answer questions of the Council, and accept ballots prior to closing the public hearing. At the close of the public hearing, staff will retire to count ballots, and Council to delay the results until the end of the public hearing portion of the agenda where staff will return to report the results. Councilman Jonathan inquired about the $225,000 and whether that would be an advance that would be refunded. Mr. Stendell replied it was, stating the account is currently zero. Therefore, the City would need to pre -fund the account so that operations can resume, and the City will receive the refund afterwards from the Tax Assessor. Mayor Weber declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. CHRIS SCHOENECK, Representative of Cado El Paseo, LLC, owner of one of the properties at President's Plaza, and works for Capstone Advisors, a real estate and development firm. He noted he was before the Council in August for approval of a facade improvement project. He supports the BID because it was crucial that there is an infrastructure in this area where there are shared parking lots, trash enclosures, lighting, landscaping, and maintenance. If the BID is not approved, future economic growth and development would suffer along the eastern corridor of the El Paseo and Highway 111. Otherwise, each individual owner would be responsible for their own part of land, which would be an undue burden for property owners who have trash enclosures on their property, light posts, and other vegetation. Further, each individual would need to have their own trash enclosure. As mentioned before, this area is going to be very vital to the future growth of the City. With his support for the BID as a representative of the property owner, he asked that the City also support it. He said some infrastructure in the parking lot has passed its useful life; the surface in the parking lot has significant cracks and needs to be replaced. Also, the current trash enclosures are in need of significant repair as they are eyesores to any patron. He showed the Council a large photograph of a red vehicle parked directly next to the trash enclosure. He said any property that is re -developed needs to ensure trash enclosures are not seen. He understood these types of repairs will require capital to be raised, stating the City has approximately $7 million in mature bond funds devoted to improving this parking lot area, which he urged the City to spend it now on the infrastructure. The City has stated numerous times that investing in the parking lot now would be a waste of money because it is investigating long-term parking solutions. He encouraged the City Council to direct staff to look into spending City money on improving the area now so that owners can continue to support it. 33 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 MR. JOE POPPER, Property Owner at President Plaza, expressed his support for the BID as proposed. He said the City has done a wonderful job over the years, but he had several things he would like the City to improve upon, which are as follows: 1) Trash enclosures are a public dumping ground, and he felt a simple solution is to place locks on the dumpster with property owners having a key, which he thought would at least be a temporary solution; 2) Maintenance of the parking lot is part of the Maintenance Agreement, but it has not been done. He agreed with Mr. Schoeneck that the parking lot surface needs to be replaced, stating it was old and done. He said property owners paid in over many years to have the maintenance done, so he would like the City to participate; 3) The containers for the palm trees were not sized appropriately, and they have grown and pushed up the sidewalk creating a safety hazard. Personally, he had a slip and fall incident on his property based on those containers, which he and the City shared in that pay out. This issue was costing money and he has brought it up year after year, but it never gets addressed. He said these items keep being pushed to future years, and at this point, they need to be at the front of the priority list. In conclusion, he expressed his appreciation for everything the City has done as part of the BID and has enjoyed the partnership, but these issues need to be addressed. With no further testimony offered, Mayor Weber closed the public hearing. Staff retired to count ballots received. Mr. Stendell returned to announce the ballot results of the President's Plaza I Property and Business Improvement District Assessment, which are to be reflected in Resolution No. 2015-68 as follows: - 64% return of ballots from property owners - Total Ballots Cast = $146,697.30 — YES = $94,993.86 — NO = $51,703.44 The PBID is PASSED with 65% YES to 35% NO vote ratio Mayor Pro Tern Spiegel moved to: 1) Waive further reading and adopt: a) Resolution No. 2015 - 68, declaring results of the Property Owner Protest Ballot Proceedings conducted for the proposed President's Plaza I Property and Business Improvement District Assessments, commencing with FY 2015-2016; b) Resolution No. 2015 - 69, approving and adopting the Management District Plan and Engineer's Report for the President's Plaza I Property and Business Improvement District - FY 2015-2016; c) Resolution No. 2015 - 70, ordering the formation/renewal of the President's Plaza I Property and Business Improvement District and the levy and collection of assessments for said District for FY 2015-2016; 2) By Minute Motion, appropriate $225,835 to Fund 277 - President's Plaza I PBID - for operations and maintenance costs for FY 2015-2016. Motion was seconded by Harnik. KV, PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 Mr. Stendell noted there were several concerns from property owners, which the City will address immediately with the funding, including those items where funding is not available just yet. However, staff will continue to communicate with property owners to try to solve some of the issues raised. Mayor Pro Tem Spiegel said some of the comments were valid, specifically the one about the palm trees. Mr. Stendell agreed immediate needs exist; however, there was a bigger picture down the road. Councilman Jonathan requested a more tangible response to be puttogether with regard to the three valid issues brought up by Mr. Popper on the waste enclosures, which probably was a lowto no -cost solution on an interim basis, the condition of the parking lot surface with a longer term, and the palm trees, which may have a short to medium term. He said Mr. Popper has been there for a long time and keeps hearing it will be dealt with in the following years. Therefore, he requested staff put a time line together as to when the three issues will be dealt with. Mr. Stendell agreed, stating he made a couple of other notes to himself. Mayor Weber asked if it would be Burrtec commenting on whether or not trash enclosures can be locked. Councilman Jonathan said he knew they could be locked because it's been done at his place of business. He said Burrtec will either lock them as a service where they get paid or one can install their own locks, as long as the enclosure is unlocked when trash service shows up. Mr. Wohlmuth explained locks have been supplied in the past to avoid illegal dumping. However, the difference between Councilman Jonathan's office and President's Plaza, is that here a key would go to ten businesses where it wasn't always locked. He said it wasn't as easy as dealing with a single office, but if the businesses understand the importance of it and are willing to stick to it, it can be done with Burrtec's locks or their own. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 35 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 B. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, DEVELOPMENT AGREEMENT, CHANGE OF ZONE TO ESTABLISH A HIGHER DENSITY, PRECISE PLAN OF DESIGN, AND TENTATIVE TRACT MAP 36874 TO SUBDIVIDE 15.52 ACRES INTO 112 CONDOMINIUM UNITS AND COMMON AREA AMENITIES LOCATED AT 38400 PORTOLA AVENUE, Case Nos. DA/C-Z/EA/PP 15-15 and TTM 36874 (Portola PD, LLC, Applicant) (Continued from the meeting of June 11, 2015). Councilman Jonathan noted he had a conflict of interest with this item and recused himself and left the Council Chamber. Assistant Planner Kevin Swartz reported the Applicant requested another continuance. He said the Applicant mentioned the decision was made on their end from the development side and their decision will not impact the project going forward. Therefore, staff recommended a continuance to the meeting of August 27, leaving the public hearing open. Mayor Weber declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. There was no public testimony offered and the Mayor left the public hearing open. Councilmember Harnik moved to continue this item to the meeting of August 27, 2015. Motion was seconded by Tanner and carried by a 4-0 vote (AYES: Harnik, Spiegel, Tanner, and Weber; NOES: None; ABSENT: Jonathan). C. REQUEST FOR ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 15.17 TO THE PALM DESERT MUNICIPAL CODE, RELATING TO EXPEDITED PERMITTING PROCEDURES FOR SMALL, RESIDENTIAL ROOFTOP SOLAR SYSTEMS. Mr. Grance stated Ordinance 1288 creates a standardized expediting permitting process for small photovoltaic and solar family residential rooftop systems, which is mandated per Assembly Bill 2188. The City of Palm Desert with its current process already adheres to most of the provisions of AB 2188 for the reviewing and issuing of residential solar permits. However, the City needs to adopt an Ordinance mandated by Government Code Section 65850.5(a), stating this Ordinance is intended to satisfy that requirement. Councilman Tanner noted the City currently has a turnaround of ten business days for permits. Mr. Grance replied the City uses the ten days as a benchmark, but AB 2188 allows for up to 45 days. 36 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 Mayor Weber declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, she declared the public hearing closed. Mayor Pro Tern Spiegel moved to waive further reading and pass Ordinance No. 1288 to second reading, adding Section 15.17 to the Palm Desert Municipal Code, relating to expedited permitting procedures for small, residential rooftop solar systems. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries forthe Period of June 15-26, 2015. Mr. Wohlmuth noted the printed report within the agenda packets and offered to answer questions. Mayor Pro Tern Spiegel asked about the Time Warner and Charter Communications cable merger and what effect it would have on residents. Ms. Riddle advised from the audience that it shouldn't have any noticeable impact on residents, but upon further comment agreed to look into the matter for the Council. Councilman Jonathan called attention to the copy of the July 8, 2015, letter Mr. Wohlmuth had sent to Jim Novak of Desert Sands Unified School District and asked what he thought the response would be to the City's proposal on the School Resource Officer. Mr. Wohlmuth said historically, the School District has paid 40%, which goes up to 45%, and didn't think it would be problematic for them. He said Palm Desert has never received shared funding forthe School Resource Officer from Palm Desert Charter Middle School, which the District doesn't have to pay nor is it obligated to do so. He anticipated being paid, relating that this came about when Palm Desert learned that the School District was paying for one-half of La Quinta's School Resource Officer and led the City to transition into a similar arrangement. Further responding, he affirmed that it was always the City's intent for this to occur. With City Council concurrence, the City Manager's Meeting Summaries Report for June 15-26, 2015, was received and filed. 37 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING 2. General Fund Financial Summary - May 2015 JULY 9, 2015 Mr. Wohlmuth referred to the General Fund Financial Report for May 2015 that was distributed at the dais prior to today's meeting. He said the Summary had been provided at the June Audit, Investment & Finance Committee Meeting and offered to answer questions. 3. Urban Bee Hives and Chickens in Residential Neighborhoods Mr. Wohlmuth stated that approximately 10 days ago, he'd sent Councilmembers a memo regarding bee hives in backyards; there is currently one located in the Shepherd Lane area. He asked for Council's input on whether or not to agendize such an issue. In answer to question, he said it was merely a backyard bee hive, not commercial. Councilman Jonathan felt the issue was worthy of discussion, along with anothertrend of urban egg -laying chickens in residential settings. With City Council concurrence, staff was asked and agreed to place an item on the August 27, 2015, City Council Meeting agenda. B. CITY ATTORNEY None C. CITY CLERK Request for Designation of Voting Delegates and Alternates for the League of California Cities Annual Conference — September 30 - October 2, 2015, in San Jose. Ms. Klassen said the time had come to appoint voting delegates to the League of California Cities' Annual Conference in San Jose. The request is made well in advance of the Conference in order that the League can plan accordingly. She asked for City Council's pleasure in this matter. Mayor Pro Tern Spiegel moved to, by Minute Motion, make the following appointments for the 2015 League of California Cities Annual Conference : 1) Mayor Susan Marie Weber as the City of Palm Desert's Voting Delegate; 2) Councilman Sabby Jonathan as the Alternate. Motion was seconded by Tanner and carried by 5-0 vote. 0Q PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 D. PUBLIC SAFETY Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor's Meeting Summaries Report for the Period of June 1 - July 4, 2015. Mayor Weber referred to the printed report provided in the agenda packets and offered to answer questions. With City Council concurrence, the Mayor's Meeting Summaries Report was received and filed. 2. Council Requests for Action/Committee Reports/Comments: a) Budget -related Inquiries — Mayor Pro Tern Spiegel said at last week's CVB Meeting, he learned that City of Palm Springs had passed a $98 million budget, compared to the City of Palm Desert's $50 million budget. He asked staff to provide him with an explanation of why these numbers are so vastly different and determine if there's something Palm Desert needs to be doing differently. Secondly, he'd noted in Palm Springs's budget that they have $24.5 million of revenue from hotel occupancy tax compared to Palm Desert's $10 million. He acknowledged that he's been concerned about this for some time and had made the City Manager well aware of his strong feeling that Palm Desert needs more hotels in the City and should do whatever is necessary to get them. Additionally, Mayor Pro Tern Spiegel said the City had briefly discussed Indian Wells' receipt of revenues from the taxes it places on Tennis Garden event tickets — it represents 14% of their budget. b) Community Survey — Councilman Jonathan referred to the City Manager's memo regarding results of the recent Community Survey and asked what happens next. Mr. Wohlmuth responded that the survey was conducted to determine what the issues are in Palm Desert, particularly in preparation for a c PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 potential ballot measure in November 2016. He said the consultant redacted all of the information related to T.O.T. (Transient Occupancy Tax), because it will be brought to the City Council in April - May 2016 in preparation for discussion on that issue. Remaining data collected from questions on the Survey relate to quality of life concerns and how residents are feeling. Staff thought it was very important and relevant information for Councilmembers to have currently. He reiterated that the rest of the discussion will occur closer to the time that Council would have to make a decision about placing a ballot measure on the November 2016 General Municipal Election Ballot. Further responding, he said the consultant was contracted to obtain information related to a future ballot measure; however, there was also an opportunity afforded in this process to get a statistically significant sampling of general public opinion on some other City issues as well. c) Southern California Association of Governments — Councilmember Harnik reported that SCAG has "California Gold," which is bringing cap and trade dollars to Southern California, but the region didn't feel it was receiving its fair share, particularly in Riverside County. Therefore, on August 6 from 1:00 p.m. - 3:30 p.m., there will be an opportunity to participate in SCAG's Regional Forum via teleconference at the CVAG Office and find out how this area can be more competitive for those grant funds. She was going to ask CVAG to send an e-mail invitation to the Technical Advisory Committee Members, and it would be great to have a couple of people from the City participate there. d) Independence Day Celebration — Councilmember Harnik praised Mayor Weber for a great job at the July 4th Celebration, pointing out that the fireworks were outstanding. Mayor Weber added commendations for Administrative Secretary Amy Lawrence for her coordination and execution of the Independence Day Celebration. She said the band that performed was tremendous — creating a great deal of energy and excitement that made the event very special. She also offered special thanks to the City's Citizens On Patrol (COPS) Volunteers for their extraordinary service in helping people enjoy and then exit the event in a very orderly fashion. Further, she offered a round of applause for everyone who attended on July 41h, noting that her party waited until all the traffic had cleared in order to leave the area, and noticed, with a very few exceptions that the Park was still virtually clean. She felt that spoke very highly of the City's functions — people are very respectful of the area that is provided for their enjoyment. She said it was a job very well done. Lti7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2015 e) Joslyn Center — Councilmember Harnik noted she'd gone to the Joslyn for her monthly visit, just to interact and see what issues may be on the minds of the members there. She said the topic of conversation was the terrific fireworks, making for a wonderful visit for her. f) League of California Cities' Executive Forum - June 24-26 — Councilmember Harnik reported that she, Mayor Weber, and Councilman Tanner attended the recent Executive Forum - Mayor and Councilmember's Conference. She said that in all her years on Council and of all the League Conferences she's attended, this was the best; it was full of wonderful education. She acknowledged Mayor Pro Tern Spiegel's advice that this would be the case. g) Riverside County Transportation Commission — Councilmember Harnik went on to say that RCTC is really working hard, referring back to Mr. Burris's presentation earlier on today's agenda where he mentioned transit -oriented development, adding that they're working diligently on the railway component. She added that they should have some results on some of the tests and studies that have been done as early as this fall. h) CVLink — Responding to question, Councilmember Harnik said the project was in moving along. She was dismayed by the slanderous comments made regarding CVLink and CVAG earlier in this meeting under Oral Communications - B. She countered that this information was inaccurate. Nonetheless, the project is moving forward in a very professional and transparent fashion. 3. Council Consideration of Travel Requests and Reports: None XIX. ADJOURNMENT With City Council concurrence, Mayor Weber adjourned the meeting at 6:46 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA SUSAN MARIE WEBER, MAYOR 41