HomeMy WebLinkAboutPreliminary Minutes - City Council - 11-12-2015DRAFT
REGULARPALM DESERT CITY COUNCIL MEETtrX,-
THURSDAY,�f
CIVIC CeNTER COUNCIL CHAMBER
Mayor
Weber convened the meeting at 3:04 p.m.
ROLL CALL
resent-
Council e ber Jan C. Harnik
Councilman Sabby Jonathan
Mayor Pro Tom Robert A. Spiegel
Councilman flan G. Tanner
Mayor Susan Marie Weber
AlsoPresent:
Jahn M. Wohlmuth, City Manager
Robert W. Hargreaves, City Attorney
Cady P. Acosta, Assistant City,Manager
achelle D. Klassen, City Clerk
Russell Grance, Director of Building & Safety
Tony Bagato, Acting" Director of Community Development
Martin Alvarez, Director of Economic Development
Paul S. Gibson, Director of Finance/City Treasurer
Janet M. Moore, Director of Housing
Mark Greenwood, Director of Public Works
rankie Riddle,_Director of Special Programs
o Chen, City Engineer
Stephen Y. Aryan, Risk Manager
Dan Talbot, Division Chief, Palm Desert Fire/Riverside Co. FireDept./Cal Fire
John Cortez, Battalion Chief, Palm Desert Fire/Riverside Co. FireDept./Cal Fire
Susan Trevino, Chief, Palm Desert Police/Riverside Co. Sheriff's Department
"ill Sullivan, Asst. Chief, Palm DesertPolice/Riverside Co. Sheriffs Department
Grace L. Mendoza, Deputy City Clerk
PRELIMINARY MINUTES
COUNCILREGULAR PALM DESERT CITY I
ADJOURN' SESSION
ue t for losed es ion:
Conference with Real Property Negotiator pursuant to Government Code
Section 4956 5:
( an Antonio Circle/AlessandroWest)
NegotiatingParties'.
Agency: Jan M. Wohimuth/Rudy P. Acosta/Martin Alvarez/
City of Palm Desert
Property wner David & Agnes Holtz
UnderNegotiation- x Price x Terms of Payment
2) Property, Lease Property - Parkview Professional Office Complex
73710 red Waring Drive, Suite No. 201, Palm Desert
Negotiating artier:
Agency: Jahn M. ohl uth/ aul S. Gibson/City of Palm Desert
PropertyOwner: City of Palm Desert
.then Parties: Virginia Waring Piano Competition
Under Negotiation- x Price x Terms of Payment
B. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 5 956 (d)(2}:
u ber of potential cases:
C. Public Employment pursuant to Government Code Section 54 5 :
Title of Position, City Manager
SessionMr. Wohlmuth asked for City Council's consideration of adding an item of Closed
d- .d come up
Public Employment pursuant to Government Code Section 549 7:
Title ofPosition- City Attorney
On a motionby e second by . ! vote
Harnik, Jonathan, Spiegel, Tanner, and Weber-, NOES. None), the aforementioned item
of Public Employment was added to the agenda for Closed Session. I
concurrence,
With City Council •+►# meeting to Closed
PA
PRELIMINARY
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12,2015
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
r. WohImuth reported that in the Closed Session just ended, City Council
unanimously appointed Robert W. (Bob) Hargreaves as City of Palm Desert
City Attorney. He went on to relate that this was a result of the death of
Palm Desert'sCity Attorney for 42 years, David Erwin, on Saturday,
November 7. The City currently has a contract for City Attorney Services
with Best, Best & Kriegerthrough2019, Mr.Hargreaves has been serving as
the ity's Deputy City Attorney under this contract, and it will be modified to
reflect his appointment today.
Council e bers congratulated Mr. Hargreaves, who responded that it was
his honer and privilege to be appointed; he looked forward to continuing the
legacy and serving the City in this new capacity.
ALLEGIANCEV11. PLEDGE OF
THE UNITED STATES OF AMERICA-Palm DesertCharter Middle School Students
esie Garban and Seaera Juarez
NATIONALa Palm Desert High School Band
Councilman Van G. Tanner
1Ie ORAL COMMUNICATIONS - B
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Councilmembers and the audience heartily applauded the performance and wished
them well in their upcoming competition.
I
LETITIA COLLINS,
Cathedral City; CA, and volunteer for In fight
Adaptive Sports.
. JERRY ALCORN,al prings, CA, and representing Incight Adaptive
Sports,
MR. ED SCHILLER, Board Member for Friends ofCV/Link Board,
Palm Desert, CA.
EVAN TRUBEE, Big Wheel Tours, Palm Desert, CA.
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Mayor Weber thanked r. Winters for his comments and said the City anger-
would be looking into the concerns he raised today:
AWARDS,
PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION DECLARINGTHURSDAY,
NOVEMBER 12, 201 , AS "MICHELLE McLAUGHLINCHERLAND DAY" I
THE CITY OF PALM DESERT.
On behalf of the 'entire City Council, Mayor Weber presented the framed
proclamation toMs. McLaughlin". e for her outstanding e e
most ,. beingrecognized!e County"Teacherof ..
she'sfollowed by last month being named as �bne of five 2016 California State
"Teachers of the Year." In addition, while being an outstanding educator,
also served three toursof duty in the Middle
McLaughline .11 sincere e ratitude forthe recognition and
said even thoughpconsiders laces in her lifetime, she always Deserta be"hometown"and has great e
lifestyle here. She went on to thank Desert Sands`e School
its support and her family in attendance,including her father,had been
a longtime principal in the District.
B. PRESENTATION, PROCLAMATION I THURSDAY,
NOVEMBER 1 ,2015, "CAROL T DAY" IN THE CITYF
PALM DESERT.
n behalf of the entire City Council, Mayor Weber presented the framed
proclamation to Ms. Schaudt, in recognition of heroutstandin of nteeris ,
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12,2015
s. Schaudt thanked the Mayor fort is honor and said volunteering had
always provided her at least as much, if not more, benefit than what she was
giving in return. Shethanked her husband and family for both their support
and being here helping celebrate today,
C. PRESENTATION PROCLAMATION DECLARING V 23,
2915, "SMALL BUSINESS AT Y" IN THE CITY OF
PALM DESERT.
n behalf of the entire .City Council, Mayor Weber presented the
proclamation by reading it aloud, adding that it will be delivered to the
Palm Desert Area Chamber of Commerce to proudly display, and she
reminded everyone to shop locally on November 28.
D. INTRODUCTION OF DEPUTY ZACHARY,TL TY
CHRISTIN ROGERS TO HONOR THEIR UT T I
CONTRIBUTIONS TO THE CITY OF PALMT' LICE
DEPARTMENT, AS RECENTLY RECOGNIZED BY MOTHERS AGAINST
DRUNK DRIVING " "
Capt. SusanTrevino introduced DeputyTaylorand DeputyRogers, providing
biographical information about each, noting that Deputy Taylor arrested 34
persona for driving under the influence in'2013 and 2914. She went on to
report that Deputy Rogers arrested 98 individuals for impaired driving in 21
and 2014. Both of them were recognized by Mothers Against Drunk Driving
for these admirable statistics, and Capt. Trevino noted that the threshold for
being considered for recognition was at least 25 impaired riving arrests.
She heartily congratulated both for their accomplishments and for their
service to the City of Palm Desert and Riverside CountySheriff's
Department.
E. INTRODUCTION OF PALM DESERT'SK9 TEAM OF
DEPUTY PATRICK MUSHINSKIEI
Capt. Susan Trevino formally and proudly introduced and welcomed
Palm esert's new K9 Team of Officer Mushinskie and Rio, both of whom
were quite accomplished each in their own right. It was noted that Rio was
3Y2 years old from`Holland and is a rare blue Malinois. Before coming to the
U.S., he competed in a countrywide K9 event in Holland where he placed at
the tope
Council e bers congratulated all the Police Department Officers present today
and expressed gratitude to them for keeping Palm Desert safe:
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER
2015
PRELIMINARY MINUTES DRAFT
X. CONSENT CALENDAR
MINUTES of the Regular City Council Meeting of October 22, 2015.
dc. Approve as presented.
B. CLAIMS AGAINST THE {STY TREASURY- Warrants
Dated 10/ /2015 - 10/15/ 015, 10/21 /2015 - 10/31 /2015, and 1 /30/2015.
e: Approve as presented.
CLAIMSC. AI T THE CITY/HOLISING TREASURIES -
arrants Dated 10/2/2 15,10/9/2015,1 /16/2015 -10/31 /2015,10/23/2015,
and 10/30/2015 (Joint i 'ion with the PalmHousing
Authority).
ec: Approve as presented.
COMPLIANCE ANALYSISINVESTMENT for the Month of
September 2015 (Joint Considerationi the Successor Agency to the
Palm Desert Redevelopment
ece Receive and file
E. CITY COMMITTEE AND COMMISSIONMEETING I T .
1 e Art .In Public Places Commission Meeting of July 3, 2015.
2. Audit, Investment inance Committee Meeting of September 22,
2015.
3, Library Promotion Committee Meeting of February 13, 2015.
4, Marketing Committee Meeting of September 15, 2015.
5e Parks & Recreation Commission Meeting of September 1 2015.
5. Public Safety Commission Meeting of May 13, 2015.
7. Youth Committee Meeting of October 5, 2015.
ec: Receive and file.
F. REQUEST FOR AUTHORIZATION to Issue a Call For Entries Seeking
Artists for the 2017/2018 El Paseo Exhibition (Contract No. 347 O)a
eca By Minute Motion, authorize staff to issue a Call For Entries Seeking
Artists to exhibit in the 2017/2018 El Paseo Exhibition.
8
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2015
G. REQUEST FOR DECLARATION of Surplus Property and Authorization for
Disposal ® Miscellaneous Office Equipment.
eca By Minute Motion, ;declare items listed on the accompanying staff
report's Exhibit ` as surplus property and authorize disposal as
appropriates
K RESOLUTION NO. 2015 - 86 - A Resolution of the City Council of the City
of Palm Desert,California,• Forth its Findingsand Authorizing the
DestructionPaper Records from th- D- of
Development,indicated in the Records Retention Sched(Adopted
May 14, 1 Records !. 11► '
eca Waive further reading and adopt.
I, RESOLUTION NO. 2015 6 87 - A Resolution of the City Council oft e City
of Palm Desert, California, Setting Forth its Findings and Authorizing the
Destruction of Paper Records from the Office of Finance, as Indicated on the
Records Retention Schedule (Adopted May 14, 2 15) _ Records Dated
1933-2011 (Exhibit ).
REQUESTJ. OR A «
Additional Ena -_ w Coststo ContractoDocurrientsforthe
El '"tee .. Entrada Pavilion Project)
(Contract No. ' '
Rec- By Minute Motion, ratifythe CityManager's authorization for additional
engineering costs to the subject contract with JMA Architecture, Inc. ,
Palm Desert, California, in the amount of $2,50b for the El Paseo
Multi -Use Community Center(a.k.a. Entrada Pavilion Project) —funds
are available in Account No. 4004679-4400100.
K. R.EQUEST FOR AUTHO.RIZATION to Purchase One Flatbed:Pickup Truck
from Fairview Ford of San Bernardino in the Amount of $40,939.26.
Rec: By Minute Motion, authorize purchase of one (1) flatbed pickup truck
from -w Ford of Bernardino, California,amount
• ".26 — funds are available in Account No. 5304195-4404000
EquipmentReplacement.
0
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12,2015
L. REQUEST FOR AUTHORIZATIONto Purchase a One -Ton Dump Truck
from airvieFord of San Bernardino in the Amount of 3 ,943. 6.
ec: By Minute Motion, authorize purchase of a one -ton dump frock from
Fairview Ford of San Bernardino, California, in the amount o
36,043.26.
REQUESTM. FORAPPROVALo rogram Supplement Agree' ent No.011-
for Federal Aid Funds Between City of Palm Desert and the State o
California Department of Transportation for Construction of the Portola
Avenue STP RehabProject (Contract No. C34290A, Project No. 672-13).
Rec.- By MinuteMotion: 1) Approve Program Supplement Agreement
o. 011 -N between the City of Palm Desert and State of California
Department of Transportation (C:altrans) for Construction of the
ortola Avenue STP RehabProject-, 2) authorize the Mayor to
execute said Agreement - approval will allow City to receive Federal
STP funds for the project.
N. REQUEST FOR ACCEPTANCEfor Contract No. C34530 --
Tamarisk Row Micro -Mill Project (Project ` o. 21-16) (Pave ment oat ng
Company, Jurupa Malley, CA).
ec: By Minute Motion, -accept the work as complete and authorize the
City Clerk to file a Notice of Completion fort e subject project.
REQUEST0. FOR AUTHORIZATIONto Commission an Artist to Paint Design
on the Set of Two (2) Traffic Signal Cabinets on the Northwest'Comer of
Fred Waring Drive/Portola Avenue (Contract No. C34700);
ecn By Minute Motion, authorize commissioning of an artist to paint design
on the set of two (2) traffic signal cabinets on the northwest corner of
Fred Waring Drive/Portola Avenue 4- funs are available in Account
o. 4364650-4400100, no General Fund money will be upended.
REQUESTP. FOR AUTHORIZATIONto Commission an Artist to Create
Artwork for a Vinyl Wrap to be Placed on the Set of Two () Traffic Signal
Cabinets on the Southeast Corner of Magnesia Falls Drive/Portola Avenue
(Contract No. 34300).
Rec: By Minute Motion, authorize commissioning of an artist to create
artwork i YI vinyl wrap tbe placed on e M itwo (2) traffic signal
cabinets on the southeast corner of � Magnesia Falls Drive/Portola
Avenue - funds �are available in Account No. 4364650-44001 00, no
General Fund Money be
expended.
WE
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER ,
2015
Upon a motion by Tanner, second by Spiegel, and 5-0 vote of the City Council
(Y rbik, Jonathan, Spiegel, Tanner, and Weber; : cane), the Consent
Calendar was approved as presented
X1. CONSENT ITEMS HELD OVER
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COUNCILREGULAR PALM DESERT CITY
Mayor 'Pro Tern Spiegel moved to waive further reading and adopt Resolution
o. 2015 - 89. =Motion was seconded by Harnik and carried by a 5-0 vote Y arnik,
Jonathan, Spiegel, Tanner, and Weber, : None).
C. RESOLUTION NO, 2015 - 90 - A RESOLUTIONCITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING
PARTICIPATION IN THE COUNTY OF RIVERSIDET I
CERTIFICATE (MCC)
s. Moore stated that the Mortgage Credit Certificate Program is run bythe
County for the purposes of providing a tax credit on certain income
households for the purchase of a home. The 20% interest that the buyer
pays can be claimed as a tax credit can their tax return and the rest would be
deduction under their deductions. The program is run by the County, but
they do offer the City of Palm Desertan opportunity to participate in it. As of
the last two years, no one in Palm Desert has talon advantage of the
program, but she didn't want to close the door on this option4 She said this
program is for an income group that the City didn't serve under the
affordable housing programs because it's a little bit higher:
Mayor Pro Tern Spiegel asked how as the information about the program
getting out to the public:
s. Moore replied it is advertised in the Bright Side Newsletter at least once
a year, and staff makes sure the County includes Palm Desert in their
distribution. Further responding, she said the County distributes the
information as part of their program, but she wasn't sure if they had their own
newsletter. However, the County is required to publish it in the newspaper,
which could be the Press Enterprise or The Desert Sun.
Council e ber Harnik commented that it sounded like such a great program
and wondered why in two years no one had used it. She questioned if the
information could be provided to Realtors.
s. Moore explained that the housing market is just now coming back, and
the housing price in this program is between $350,000 and $450,000, which
is the price range that is happening now. The last couple of years home
prices were not that high, which is why there wasn't participation. She said
this program ives people a"tax credit on their tax return, act at the buyer
can afford a little bit more of a house, and giving those people who were
probably priced out of the market an opportunity to now use the program.
.
Councilman Tanner asked how concrete was the interest rate of 4 percent,
because they are currently substantially lower on a 3 -year fix loan.
12
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER ,
2015
s. Moore agreed, stating the interest rate was between 3.5 and 4 percent,
but depending on the credit history of the borrower, it ranged between 3.75
and 4 percent, Further, if the interest rate went up, the County reviews the
program to determine if adjustments need to be made. She noted there is
a recapture tax that would need to be paid back if the house is sold within
nine years, but obviously, the idea is that when a home is bought, the buyer
plans to stay there.
Councilman Tanner moved to waive further reading and adopt Resolution
o. 2015 - 90.
Councilman Jonathan added that there may be an opportunity to
disseminate information with e things the SMART team is developing as
they move forward with the new Facbook page and app, eta., stating there
could be opportunities to link the program to the: County Website.
s. Moore noted the information is posted on the Housing Department's
page on the ity's website as well.
Councilman Jonathan seconded the motion and it carried by a 5-0 vote
arnik, Jonathan, Spiegel, Tanner, and Weber, . one)
RESOLUTION 2015 91 @ A RESOLUTIONF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDINGITS
RESOLUTION . 2013-14 AND RESTATINGITS POLICY ON THE
OFFICE F MAYOR AND THE OFFICEY" -T
r. Wohimuth stated the resolution setting forth the rotation of Mayor and
Mayor Pro Tom in the City of Palm Deserthasn't been changed for some
time. With new councilmembers coming on board and with the rotation of
Mayor Pro Tern to Mayor, staff discovered there was some confusion on
where to place a new council e ber in that rotation. The proposed
Resolution identifies the process in which the Council utilizes to have a fair
and consistent rotation of Mayor Pro Tern and Mayor. This matter was
discussed at the Team -Building Retreat and the proposed Resolution sets
that process in place.
Councilman Tanner moved to _ waive further reading and adopt Resolution
No. 2015 - 91. Motion was seconded by Spiegel and carried by a -0 vote Y° arnik,
Jonat—h—an,spiegei, Tanner, and Weber, ` one).
IN
For Intro ucticne
1. ORDINANCE NO. 129 - AN ORDINANCETHE CITY COUNCIL
OF THE CITY OF PALMT, CALIFORNIA, REVISING
SECTION 2.52.710 OF THE PALMT MUNICIPAL CODE -
PERSONNEL SYSTEM, IT - SICK LEAVE.
Human Resources Manager Lori Carney stated the proposed
Ordinance updates the City's regulations to be compliant with
changes in California state law and Federal regulations.
1
PRELIMINARY MINUTES DRAFT
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12,2015
Councilman Tanner asked if fond truck venders would be allowed t
park on Hovley or Cook Street:
Mr. Swartz answered no, stating they will park on interior streets.
Further responding, he said on the east side of Cook Si� food
trucks will be allowed to park in interior streets like Beacon and Meryl,
d if theypark in the parking lot, vendors*• to work it out with
* property owner.
MOZENZERM
Mr. Swartz said vendors will be able to park on the grassy area and
the parking lot south of the existing skate park.
im
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12,2015
Councilman Tanner asked it the subcommittee meet.
Councilman Jonathan answered yes, stating he was fortunate to
participate in the subcommittee. One of the things that came out of
the meetings, which he particularly liked and was pert of staff s
recommendation, is the one-year trial period. He said this was an
opportunity to see if it works, see if there's interest on the part of the
food truck industry, and see how people in these areas react. He said
it will help the City identify problems, if any, and deal with them in a
timely manner. He added the four limited areas identified were the
ones the subcommittee felt node sense from the food truck and City's
standpoint. He noted the identified areas are vary far from any of the
sensitive areas the Council had concerns about.
Councilman Jonathan moved to waive further reading and pass Ordinance No.1 00
to second reading. Motion was seconded by Spiegel and carried by a 3-1 vote (AYES:
Jonathan, Spiegel, andWeber; . Tanner; ABSENT: arnik).
B. For Adoption -
N
one
I. NEW BUSINESS
A. REQUEST FOR ESTABLISHMENT OF AN INTERNAL VI FUND 577
FOR COMPENSATEDIN THE CITY OF PALM DESERT.'
r. Gibson requested establishing Fund 577, which would be a new fund.
e said that for Fiscal Year 2013/2014, Finance transferred $2.7 million into
the Retiree Health Fund to cover the compensated absences, those being
accumulated vacation and sick time. In discussing this matter with the
auditors, they prefer that the City "establish this new fund (Fund 5),
specifically for this purpose. Therefore, Finance is proposing to establish
Fund 577 and transferring the $2.7 million from the Retiree Health Fund, add
an additional $56,000 to cover what the reserve would be at the end of the
2014/2015 fiscal year, and appropriating $ 2,402 to cover for the retirees
that retired daring this last year. Mr. Gibson confirmed Finance was only
creating a new fund, and this was not a new expense.
Mayor Pro Tern Spiegel moved to: 1) Waive further reading and adopt Resolution
No. 1 15 - 92, establishing an Internale s •• -•absences
City Of Palm Desert,2) by Minute Motion- a) Approve a transfer in the amount of $56,000
from the General Fund to Compensated Absences Fund, b) appropriate $82,40�to
Compensated Absences Fund. Motion was seconded by Harnik and carried 15y a 5-0 vote
(AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None).
In
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER ,
2015
13REQUEST FOR ACCEPTANCE OF CALCOPSL LAW
ENFORCEMENTVI I_ L F) FOR FISCAL
YEAR 2015-2016.
r. Aryan stated the City receives CALCOPS Funds annually toward
reducing crime and helping ay for public safety services and equipment. To
process this grant a few years ago, there was a controller reporting
requirement from the State and a County oversight committee, but it has
changed. d , all that is required is City Council approval of a spending
plan as outlined by the Chief of Police, which is included in the Staff report.
e said that approi ately 40 of the funds are set wide each year for the
Holiday Theft up ression Program, which runs from Black Friday through
Christmas Day, with remaining funds ;going 'toward equipment, services, and
supplies. He said the Public Safety Commission did not review this item,
because their meeting was on a holiday. He noted that the recommendation
is aligned with the City°s Strategic Plan under Public Safety Services
Priority 1, which is to Enhance the Delivery of Public Safety Services.
Mayor Pro Tern Spiegel moved to, by Minute Motion, approve the CalCOPS
Supplemental Law Enforcement Services Funding (LExpenditure Plan, as provided
by the Chief of Police, for expenditure of a $1 0,00O grant award to cover the oasts of the
2015 oliday Theft Suppression Program and miscellaneous equipment, services, and
supplies to support front-line lawwenforcement services. Motion was seconded by Hamik.
Csouncil e ber Harnik, commented she looked forward to seeing the
mounted posse at the Westfield Mall again this year.
Councilman Jonathan asked if the grant was from the State.
r. Aryan answered it was.
Mayor Weber called for the vote and the motion carried by a -0 vote
arnik, Jonathan, Spiegel, Tanner, and Weber, b one).
C. REQUEST FORAWARD OF CONTRACTTO EARTHL T , INC.,
IN THE AMOUNT 1 ,239 FOR THE PORTOLASIDEWALK
RELOCATION LANDSCAPE PROJECT (CONTRACT NO. C27690E,
PROJECT NO.933-07)a
r. Greenwood reported this was the final phase of the ortolaf red Waring
free right -turn project. He noted that staff recommended award of contract'
to a local contractor.
Councilman Tanner moved to, by MinuteMotion: 1) Award subject contract in the
amount of $110,239 to Earth Sculptures, Inc., Indio, California, forte Portola Avenue
Sidewalk Relocation Landscape Project, 2) authorize Director of Finance to set aside a
in
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12,2015
% contingency in the amount of ,2., authorize the Mayor to execute said
contract —funds are available in Account No. 00 3 -4400 00 - Portola Sidewalk Capital
Project Fund.'Motion was seconded by Spiegel
Responding to question, Mr. greenwood confirmed funds forthis projectwas
in the budget.
Councilme hers expressed _their appreciation for a job well done,
specifically, for the curvature into the right-hand turns which is very patty,
and for the open space that was created at the north west corner, including
the safety features that were added on each side of Portola. Additionally,
they thought it was creative how the safety bars were installed in the small
amount space that was available.
Mayor Weber called forte vote and the motion carried by a -0 veto e
rnik, Jonathan, Spiegel, Tanner, and Weber, - one).
D. REQUEST FORAWARD OF CONTRACTTO HARDYAND, INC.,
IN THE AMOUNT OF $647,000 FOR CONSTRUCTIONTHE PORTOLA
AVENUET PROJECT (CONTRACT NO. C34290, PROJECT
. 672-13),
r. Greenwood said this project is to pave Portola Avenue from ount Club
Drive up to Desert -Willow Court, a very old and bumpy part of Portola. He
added that roughly half'of the money will come from federal funding and
approximately $21,000 from using recycled rubber, He said they will use
recycled asphalt for the base and recycled rubber asphalt for the final cap.
Mayor Pro Tern Spiegel moved to, by MinuteMotion: 1) Award subject contract,
including Bid Alternate 1, for Construction of the Portola Avenue STP Project to Hardy
and Harper, Inc., Santa Ana, California, in the amount of 047,000 2) authorize Director
of Finance to set aside 10% contingency for the project in the amount of 04,700, 3)
authorize Mayor to execute said contract - funding is available in Account
o. 1104311-42000 - General Fund Street Maintenance and 13311-4332000 -
easure "A" Find Street Maintenance. Motion was seconded by Harnikand carried by
a -0 vote Y arnik, Jonathan, Spiegel, Tanner, andWeber; one).
REQUESTE. _ CONTRACT .T A LOWINGER
ASSOCIATES IN THE AMOUNT; F $15,000 FOR RESTORATIONF
"PEACE MEMORIAL," AN ARTWORKIN THE CITY OF PALM DESERT'S
PUBLIC ART COLLECTION (CONTRACT NO. C34810).
Management Analyst Deborah S. Glickman stated this item is concerningthe
artwork located at the Civic Center parking lot, the Peace Memorial, *hich
has been there since 1991. She said�the�piece needs a little TLC and4ouch
Responding to question,r confirmed this item went out to bid, and
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12,2015
although local companies were contacted, none chose to bid. There were
also three companies from the Los Angeles area that were contacted, and
two of them partnered under this one proposal. Although only one proposal
was received, Rosa Levinger received excellent reviews as she checked
several references of hors with major collections..
Councilman Jonathan asked if $15,000 ,was in line for the TLC repair
required.
s, Glickman said she too had that specific conversation with Ms. Lo inger
and questioned if that was a realistic number, because there is a fair amount
of work that needs to be done. The piece has a lot of substructure and
concrete below that may need repair, and the marble itself is cracking and
crumbling in some places. Additionally, the vendorwill have to replace some
sections, so for the amount of work that is required, she felt the City was
getting a good deal.
Mayor Pro Tern Spiegel moved to, by MinuteMotion- 1 j Award subject contract in
the amount of $15,000 to Rosa Lo inger & Associates, Los Angeles, California, for
restoration of "Peace Memorial," an artwork in the City o al esert's Public Art
Collection; 2 authorize Mayor toexecute contract; 3) appropriate funds in the amount of
1 ,000 from the Public Art Fund's Repair and Maintenance Account,
o. 4 64650-4 37200 for same. Motion was seconded by Harnik and carried by a -0
vote (AYES, Harnik, Jonathan, Spiegel, Tanner, andWeber; n None).
F. REQUEST FOR L OF MEDIA PLANFOR FISCALYAa
2015-2016 AND AUTHORIZATIONTO CREATEU I
AN AMOUNT NOT TO 403 000 FOR MEDIAY
EXPENDITURES RELATEDTO CITY MARKETING SERVICES
CONTRACTORT EXECUTING SAID MEDIAC
m 34640.
Tourism Marketing Manager Donna Gomez stated this was for approval
of a Media Plan and related budget. As noted to the staff report, the City is
working with a new advertising agency this year and staff is excited about the
new strategy hat has been prposedn She said a full analysis has been done
and it found that the City would get more of a return on investment if it looked
at the local market. She said staff is viewing this as a transition year with the
new agency and looking at putting a majority of the advertising dollars into
the drive market. Staff recommended approval of both the Media Plan and
the related funding, which is in the budget.
Mayor Pro Tern Spiegel commented that H & L Partners was a great
company and the City was lucky to have them, stating staff id a good job o
acquiring them.
im
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Councilman Jonathan commented he liked that 70% of the expenditures,
which is under the budgeted amount of $500,000, was going" toward digital.'
sGomez pointed out that every year the City had slowly added additional
money toward digital, and this year it was making a strong play in that
market.
Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES-
Hamik,"Jonathan,' Spiegel, Tanner, and giber; None).
r ♦M r R • " •
Mayor Pro Tern Spiegel/Vice Chairman moved to, by Minute Motion: 1 rove
a silent down payment assistance loan associated with a direct sale in Desert =,� not
o exceed N. F * :1I •F sales price
`Mt YY ensure rd w h::... # cost pursuant
• a • a " « .P *k Me affordable w Sectionr qualified • or 1MI w tie
KIN
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REGULAR PALM DESERT CITY COUNCIL MEETING12,2015
use of the Desert Rose Sales Program and documents, including the restrictive covenant
and lean docurnentsferthe applicable funding source, and authorize the Mayorto execute,
authorize the Director of Finance to draw monies from the relative funds to facilitate the
transaction, ) authorize the AuthorityChairman` and/or theAuthority's Executive Director,
or his designee, to finalize and execute any ancillary ocu ents necessary to effectuate
the actions talon herewith — monies are available in the appropriate account in the Low
and Moderate Income Housing Asset Fund, BEGINFund, and Housing Mitigation Fund.
Motion was seconded by Tanner and carried by a 5-0 vote (AYES: arnik, Jonathan,
Spiegel, Tanner, and fiber; : one).
. CONTINUED BUSINESS
None
I. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
A. REQUEST FOR ADOPTION A RESOLUTION, FINDING
DETERMINING THE PUBLIC INTEREST I Y FOR
ACQUIRING AUTHORIZING THE CONDEMNAl TAI
REAL PROPERTY LOCATED ALONGTHE SOUTHI F
SAN ANTONIO CIRCLE, EAST OF MONTEREYAVENUE, I
PALM DESERT, CALIFORNIA,OTHERWISE AS A PORTIONF
A.P.N. 27-0- 3, FOR THE ALESSANDROT IMPROVEMENT
PROJECT.
r. Alvarez stated the City is proposing to acquire the subject property. Staff
made contact with ;the property owner and they have requested a 0-day
continuance or to the next City Council meeting, allowing them to have an
appraisal conducted on their own. Staff recommended opening the public
hearing to hear public testimony, if any, then continue the public hearing to
December 10, at which time, staff ill return with a recommendation,
Mayor _ giber declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter. No public testimony was offered, and she
left the public hearing open.
ouncil e ber Harnik moved to continue the public Dearing to December 10, 2015.
Motion was seconded by Tanner and carried by a 5-0 vote Y arnik, Jonathan,
Spiegel, Tanner, and Weber, m one).
a
Mr. Gibson stated the report was provided to the Building Industry
Association both in the Coachella Valley and Riverside. He said they did
have several suggestions, which the City Attorney addressed. Staff had a
meeting with the City Manager to discuss the fact that the City was over the
five-year limit and had come tap with a plan to address the issue.
Councilman Jonathan asked if the City was taking steps to ensure that all the
funds are properly utilized before they have to be refunded under the law.
r.Gibson replied that staff was trying to got below the five-year limit by next
year, which is the goal the City Manager was pushing toward.
r. Wohlmuth explained that there were; really two issues here, one is
developing a plan to get to that limit, because with the dissolution of
redevelopment, those funds are important for future; projects such as the
north sphere park. Therefore, the strategy is to save the money for planned
projects without redevelopment. Secondly, often when going through the
budget process, General Fund dollars are budgeted per project like d
units, new playground equipment, but whatever they are, they are capital in
nature. Therefore, the strategy now is to utilize Development Impact Fee
Funds first, then General Fund dollars, stating the City hadn't been doing
that for the past couple of years.
Mayor Weber declared the public hearing open and invited public testimony
FAVORINGor OPPOSING this atter. With no public testimony offered, she
declared the public hearing closed.
Councilman Tanner agreed with the proposed strategy in order to be in
compliance.
Mayor Pro Tern Spiegel moved to waive further reading and adopt Resolution
o. 2015 - 94, making certain findings pursuant to California Government Code Section
Nos. 66001 and 66006. Motion was seconded by Tanner and carried y a'5-0 vote
arnik, Jonathan, Spiegel, Tanner, and Weber-, n one).
m
A. CITY MANAGER
1 e it ana er eetin arias for the Period of October 1,
2015.
r. Wohimuth noted the printed report in the packets and offered to
answer questions. Responding to Councilman Jonathan's question
on the General Fund Report reflecting that revenues were
substantially down from the budget and somewhat down from the
same period last year, he said it was mostly attributable to timing. He
offered that the City was now coming into its high sales tax season in
the current quarter, and revenues should bounce back. Further,
T.O.T. (Transient ccupancy a) seems to be trending on par with
budgeted revenues, even slightly higher.
Councilman Jonathan added it was something to consider for the
future, because it reflectedmillion down from the budget,
r. Gibson pointed out that there is also a slight quirk in the City'
new mainframe computing system in the reports enerated, He said
it doesn't allow monthly budgeting, which tends to slow the numbers
from the manner they've been reported in prior years. He was
working on that situation for the future. He confirmed that there was
nothing to be worried about in the budget at this time.
With City Council concurrence, the Meeting Summaries were received and filed.
. American Public:Works Association Awards
r. Wohlmuth reported that the ity's Public Works Department
received two awards from the APWA. One for the I-101 onterey
Avenue Interchange Ramp Modification Project, the other for the
roundabout; constructed at Avenue of the States in Palm Desert
Country Club. He presented the two recognition plaques tot e City
Council signifying each of these honors
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2015
Councilmembers congratulated and -expressed appreciation to staff for their fine
efforts that resulted in these awards. Councilman Jonathan noted that adjacent to
the roundabout site was Carlos Ortega Villas, which was nearing completion.
CITY ATTORNEY
C� CITE` CLERK
Announcement of City Council Study Session - Review of Council
Liaison Assignments - Thursday, December 10, 2015, at 2:00 p.m. in
the Administrative Conference Room.
sheetMs. Klassen called attention to the scheduling of the Study Session
on December 10, in response to request earlier this year that
research be done on all the Council's internal and external liaison
appointments. She thanked Ms. Mention and all of City Clerk staff
fortheir assistance with this in-depth project that took the �ast several
months in between current assignments, but she felt Council would
be pleased with the results. A memo and the one -page 1� summary
o each of * bodies 61 • be provided4otouncil
reviewadvance of the Study Session so that they have time to adequately
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Mayor Weber thanked staff for all the work but felt it was a worthwhile
endeavor. When Council realized that it took all this time to compile
the information, it was fortunate that no more time elapsed before
putting it together for future reference:
D. IC SAFETY
None
Police De art ent
None
MAYORE. THE CITY COUNCIL
ayor's Meeting-aqmmgEke o for the Period of October 0-
eve ber 6, 2015:
Mayor Weber celled attention to her report in the agenda packets.
She noted that both for the Golf Cart Parade can October 25 and for
yesterday's Veterans' Day Program, everyone was very grateful for
the C (Citizens OnPatrol) and all they do to make special events
run so smoothly. Additionally, she spoke to the YMCA Youth In
Government Program with 100 children participating, which she
thought was outstanding in their desire to learn what is going on in
their local communities, She was excited about the next generation
corning up. Lastly, the ACT for MS event at Palm DesertAquatic
Center, was going to have a name change to "ACT for MS
James Conway Aquatic Program" in his honor. She said they are
very appreciative of the Aquatic Center and the programs it offers,
noting that there were numerous events going on over there, but this
one was brought to her attention because of this group's gratitude for
it.
heartilyShe went on to e • their day off to organize
and execute yesterday's VeteransDay Program in Civic Center Park.
It was a wonderful ♦ support the communitycelebrate
very important occasion — the band was terrific, a great speaker, and
profound expe
With City Council concurrence, the Meeting Summaries were received and filed.
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12,2015
2. Council Reguests for coon/ cam It e ortst o ants:
a) CouncilmanJonat an eoo sand o ants— Busy three weeks
since the last Council Meeting, with participation in the following
activities:
— Tour of hildren's Discovery MuseumCarol Scott, it's a
wonderful resource:
Annual Bike Giveaway at the YMCA was amazing.
— Tour of Palm Desert Distilling, which is new, the only distillery in the
Coachella Malley, and he was joined by Senior Management Analyst
Ryan Stendell and Economic Development Manager Ruth Ann
Moore. Looking for ways to get them involved in some other
activities, such as the Certified Farmers Market.
T Training participated in 3 of the 5 days, so have 2 more
days to complete in the January course. Noted Councilmember
arnik also a icpated in the trainingand encouraged all to o o,
highly recommended,' very beneficial to the community.
CVEP Economic Summit was very interesting, sounded like t e
economy, sales, etc., ` were trending up, and he heaped their
redactions were can target,
— Parks & Recreation Commission; met last week, very active group.
— Utility Undergrounding Ad Hoe Committee held its fifth or sixth
meeting, getting closer to formulating a'recommendation to Council.
Housing Commission met.
Hotel El Paseo Groundbreaking, meaning there is now a hotel
under construction in Palm Desert that promises to be a very special
and exciting addition to the City, especially the El Paseo area.
— 15 `h Anniversary Celebration of the Santa Rosa San Jacinto
Mountains National Monument, very special that the National
Monument is in the City, even more so that the Visitor Center is too,
just a little ways up Highway 7. He encouraged everyone to visit.
"Street" at Westfield Palm Desert on November 7 -'awaiting report
on this event, congratulating Ruth Ann Moore and staff that worked
very hard putting it together with Westfield staff. Really hoping the
outcome is successful to take it a step further next year, because it
reaches segments of the populationthat may be growing andhaven't
been reached as much in the past.
— YMCA "Hoedown atSundown" on November 7 was again great,
thanked the City for its support,
Palm eeArea Chamber of Commerce monthly breakfast.'
— Desert Cancer Foundation evening event on Tuesday.
of the same evetts elte also • .+
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12,2015
- CAA (Southern California Association of Governments) Meeting,
now has a draft of the Regional Transportation Plan and the
Sustainable Communities Strategy ready to release to the public
around first of the year. Significance is that it must be accepted by
the Federal Government in order for the region to receive funding` for
anything in that metropolitan planning organization.
T (Riverside County Transportation Commission) Budget and
Implementation eetin , the regular meetings, and Quality of Life
ustinailiy. Special Meeting in Perris this morning where there
were five alternatives presented to be studied for the
San Gorgonio/Coachella Valley Rail Corridor resulting in selection of
one to study, which as decided upon looking at construction cost,
population density, freight movement, and existing tracks (1, 2 or
more). It will be a route that will help with tourism, art of the reason
it was decided to go through Orange County, Fullerton, and then back
up to Union Station. Still looking at which of the cities will have train
stations in the Coachella Valley, but great news to be down to one
alternative to study that begins now. Additionally, if all goes well, it
should be done in seven years, and in a couple of years, they're
planning to offer and get funding for a demo train run for the
Coachella Music & Arts Festival and Stagecoach events.
c) Councilman Tanner Rgpqq§iand o ants - Participated in:
- Tour of Riverside County SAFE House, focusing on prohibition of
sexual exploitation of minors, and they are doing wonderful work.
Noted that there are 75 active cases of child exploitation between the
ages of 12 to 17, and these are the ones known about. Of the 75
active cases, only 2 are males, because they have a much harder
time coming forward. He hopes to get more involved in the program _
and become trained as a volunteer.
Attended grand opening of Wolfgang Puck with a brand new menu,
and even got to shake hands and visit with Mr. Puck himself, very
engaging, and the new menu is terrific.
- Learned about the new math program - there is more than one way
to add 2 + 2 - 4, which now requires more explanation, and it was
certainly different to someone of his generation.
- C hildren's Discovery Museumunder the new direction of
s. Carol Scott, who came to the area from incinnati, Ohio, and has
some tremendously innovative ideas forte future. Their Fall Festival
was held last Sunday with the feature being trucks; very exciting for
the kids, especially truck fans. Felt the City of Palm Desert was
getting itsmoney's worth from supporting this organization and hoped
it would continue to do so in the future.
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2015
. Council Consideration of Travel Rpniuests and ca
None
XIX. ADJOURNMENT
n a motion by Councilmember Harnik, and concurrence of the entire City Council,
today's meetinga adjourned in memory of former City Attorney David J.`Erwin at
5;7 p.m.
SUSAN MARIEg MAYOR
ATTEST:
CITY OF "► CALIFORNIA