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HomeMy WebLinkAboutSupplemental Agenda Packet 2022-09-15CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM To: Honorable Mayor and Councilmembers From: Heather Horning, Assistant to the City Manager Date: September 15, 2022 Subject: City Council Agenda (September 15, 2022) Below you will find questions received from the Mayor and/or Councilmembers and answers provided by City staff regarding tonight’s Council meeting agenda. CONSENT CALENDAR – ITEM 1I: APPROVAL OF THE 2023 PALM DESERT HALF MARATHON AND 5K EVENT •Question: Who is the primary organization that will be supported by the organizers? o Answer: Staff is waiting to hear from the event organizer as to which local non-profit they will be working with this year. Usually that information is announced once the event is sanctioned by the City. •Question: What is the cost of staffing for this event, including the cost of City staff, law enforcement and Citizen on Patrol Officers? o Answer: The cost of law enforcement for this event is just under $7,500 and is the responsibility of the organizer. Because Palm Desert Citizens on Patrol (COPS) members are on a volunteer basis, there is no actual cost associated with their participation at this event. Financial cost to the City is associated with staff time to process the event application and provide assistance with logistics. CONSENT CALENDAR – ITEM 1K: ADOPT A RESOLUTION APPROVING FINAL TRACT MAP NO. 37506-2 AND SUBDIVISION IMPROVEMENT AGREEMENTS WITH UNIVERSITY PARK INVESTOR, LLC, RELATED TO UNIVERSITY PARK •Question: What is the current annual cost for maintaining Civic Center Park? o Answer: The average annual maintenance cost for Civic Center Park in the last five years is approximately $1,240,000. This includes monthly maintenance, utilities, tree trimming, lighting, supplies, additional landscape/irrigation work, and $450,000 annually for Desert Recreation District Park Services. CONSENT CALENDAR – ITEM 1M: AFFIRM APPROPRIATIONS ASSOCIATED WITH LEASE PURCHASE AGREEMENTS FOR NECESSARY EQUIPMENT UPGRADES AT DESERT WILLOW IN PRIOR FISCAL YEAR Q&A Memo - 1 Question & Answer Memo Page 2 of 6 •Question: Is a new quote from Toro Equipment needed since the quote is from 2021 and there have been changes in pricing and supply? o Answer: Originally the Toro Equipment had a quote of $1,930,215.58 plus 5% for changes (up to $96,510.78) for a total request of $2,026,726.36. This request is being affirmed in Action No. 1. Additionally, Action No. 2 requests an additional appropriation to cover a “price adjustment” of $25,163,68. That adjustment does not relate to an overall increase in price since the 2021 quote, it is related to a swap of a diesel version of the Toro Equipment that was not available in 2021. The diesel version is far superior to the gas version, offering more horsepower, and they are liquid cooled instead of air cooled (air cooled not the best in the desert heat) and therefore, more cost effective operationally per the DW team. Aside from that, the vendor stayed within the allotted increase of 5% on all other options. An updated quote is attached in the staff report on page 12. ACTION CALENDAR – ITEM 2A: CONSIDER IMPLEMENTATION OF THE PALM DESERT TURF REBATE PROGRAM IN PARTNERSHIP WITH THE COACHELLA VALLEY WATER DISTRICT (CVWD) AND APPROPRIATE $1,000,000 FROM THE UNOBLIGATED GENERAL FUND RESERVE •Question: Can we receive Coachella Valley Water District (CVWD) data or a chart showing the "water use hierarchy" of how much water gets used in the Coachella Valley with categories with residential, commercial, farming, etc.? o Answer: Unfortunately, CVWD was unable to provide this information, as they don’t track usage in that fashion. More about how they work cooperatively with local agencies to manage our water supplies and plan for the future can be found on their Long-Term Water Management Page here. •Question: Can we receive data and information on the water shortage in the Coachella Valley, including information on the water rights agreements? o Answer: There is currently no local shortages, however, CVWD is receiving only 5% of its allocation from the State Water Project. In wet years we replenish more water than we use from the aquifer, making water available in dry years. During times of drought when there is less water to replenish the aquifer, CVWD calls on all customers to conserve water to keep the aquifer sustainable. However, the Governor has called on all sectors to reduce water use by 15%, and the State Water Resources Control Board adopted new emergency water conservation regulations that require all urban water agencies to move to Level 2 of their Water Shortage Contingency Plans. For CVWD, an aspect of that is asking customers to reduce their outdoor water use by 10%. More information, and future drought updates, can be found here. •Question: Are we removing too much grass? Grass removes CO2 from the air, minimizes dust, and has a cooling effect. o Answer: Our Turf Conversion program requires a minimum of 25% plant canopy coverage for all participants (we also adhere to City code on tree requirements), with most participants doing more than this. The native or climate appropriate plants help with CO2 emissions, while also providing habitat for local insects. In addition, there is a Q&A Memo - 2 Question & Answer Memo Page 3 of 6 reduction in maintenance and GHG emissions, specifically from not having to overseed (which also affects air quality). By converting turf to desert landscaping, it is helping mitigate potential dust issues from brown or dead lawns. More information on dust is included in the answer below. • Question: At the last City Council meeting, the issue of dust control and the negative health/safety concerns was discussed and the Council approved spending over $ 300K to mitigate dust in one area. The more grass we remove, will there be more potential for dust going into the air? o Answer: As of June 10, 2022, the state has banned the watering of non-functional turf for Commercial, Industrial, Institutional Customers and Homeowners Associations. Customers who continue to irrigate non-functional turf are subject to fines of $500. Approval of this matching rebate will assist Palm Desert customers to transition to desert landscaping thus reducing negative impacts of dust (from dead grass) and diminished aesthetics within the city. • Question: What are the reporting intervals? o Answer: CVWD would provide a monthly report of completed projects and can provide on demand reports of pending projects (or whatever interval the City would like). • Question: Are there additional details regarding retrofitting? o Answer: For retrofit projects, CVWD requires a pre and post site inspection, minimum 25% plant canopy coverage at maturity, no plastic weed blockers, must convert to drip irrigation or cap unused sprinklers, must have mulch/groundcover, a fully functioning irrigation system, and customers must agree to maintain the landscape for at least 5 years (only available to domestic water customers). These terms and conditions are provided to all applicants with the application. • Question: How much of the requested budget will be expended if all the projects listed as in the pipeline receive city funds? o Answer: Staff is recommending that the program begin the date of City Council approval (nothing retroactive in the pipeline). Therefore, all conversions would be new applications. • Question: Can you clarify if the table on page 3 of the staff report contains projects in the pipeline or is just hypothetical? o Answer: The table is a breakdown reflecting hypothetical future projects based on what the City Council approves as the match amount ($1, $2, or $3), at the maximum project size for residential and commercial/HOA. It is likely we will get more than the number of projects reflected, as not all projects will use the maximum sq. ft. Q&A Memo - 3 Question & Answer Memo Page 4 of 6 ACTION CALENDAR – ITEM 2B: RECEIVE AND FILE INFORMATIONAL REPORT ON THE HISTORY OF CITY COUNCIL ACTIONS RELATED TO DESERT COMMUNITY ENERGY (DCE) AND PROVIDE STAFF WITH DIRECTION ON FUTURE ACTIONS RELATED TO DCE • Comment Received from Coachella Valley Association of Governments (CVAG): Staff received the following clarification from CVAG staff “we would like to clarify our earlier statement about enrollment of customer accounts in DCE. According to the California Public Utility Commission, the city may phase-in customer groups over time, e.g. first municipal accounts, then large commercial accounts, followed by small commercial accounts, and finally residential customers. This may be accomplished in more than 1 year or even over multiple years. There is no bright line rule. However, the regulations require that eventually enrollment in DCE must include all city residents.” • Question: What is the status of DCE’s certification with the California Public Utilities Commission (CPUC)? o Answer: DCE’s Implementation Plan was certified by the CPUC in March 2018. DCE coordinates regularly with CPUC staff and continues to satisfy all CPUC regulatory requirements. • Question: Some Palm Springs residents expressed confusion about the switch to DCE, what is the projected cost of educational materials? o Answer: Staff reached out to the CVAG regarding their education costs and they provided the following information. Prior to and since DCE began serving customers in the City of Palm Springs, CVAG has continued to invest in “getting the word out”. In most communities that have had one Investor-Owned Utility (IOU) for many years, like Southern California Edison (SCE), Community Choice Aggregation is not a familiar concept. Outreach to ratepayers in Palm Springs focused on letting them know that when a Community Choice Aggregation (CCA) is formed for their community they are provided options and a choice that they did not have before. Outreach materials clearly explain that they now have a choice - they can get their electricity from DCE or they can get it from the IOU, in this case SCE. Prior to, during, and after start-up, DCE and the City of Palm Springs sent out five notices to all customers, more than what is required by law. DCE invested in online advertisements, created DCE’s website in conjunction with a DCE page on City of Palm Springs’ website, and held in-person public workshops prior to the pandemic. DCE maintains a customer service phone line where customers can get answers to their questions and review their bill. As of today, “getting the word out” is budgeted to cost DCE about $94,000 out of its $47.8 million annual budget. As an example of getting the word out, last week was an extreme heat emergency and we did our best to contact customers in Palm Springs by way of email, posts on DCE’s website, Instagram, Facebook, and Twitter to encourage them to voluntarily reduce their energy use to avoid rolling blackouts that SCE would have been forced to implement if demand exceeded supply. These outreach efforts to urge conservation during the hours of 3 p.m. to 9 p.m. worked and rolling blackouts were avoided. • Question: Please provide the Granicus links for the items as listed in the staff report on the following dates: February 28, 2019, January 9, 2020, and March 11, 2021. o Answer: Below are the links to the items referenced on the dates mentioned. Q&A Memo - 4 Question & Answer Memo Page 5 of 6 Feb 28, 2019: https://cityofpalmdesert.granicus.com/MediaPlayer.php?view_id=2&clip_id=391 Jan 9, 2020: https://cityofpalmdesert.granicus.com/MediaPlayer.php?view_id=2&clip_id=440 o Mar 11, 2021: https://cityofpalmdesert.granicus.com/MediaPlayer.php?view_id=2&clip_id=547 • Question: What was the reasoning for Southern California Edison’s suspension of the green rate? o Answer: On June 30, 2022, SCE informed CVAG and the CPUC confirmed the following with regard to SCE’s Green Rate program: “As of June 2, 2022, SCE is suspending all enrollments for its 50% and 100% Green Rate program as the volume of interest has currently exceeded the amount of capacity available from approved Green Rate resources. In the 3rd Quarter of 2022, SCE is expected to launch a new request for offers (RFO) to seek contracts from qualified energy producers to acquire additional generation to support the increasing interest in the Green Rate program. Until new Green Rate resources are contracted by SCE and approved by the California Public Utilities Commission, SCE will maintain a waitlist from customers interested in participating in the Green Rate program. As capacity becomes available, including added capacity or customer attrition, SCE will enroll customers on the Green Rate on a first come, first served basis.” DCE has informed its customers of SCE’s suspension of its Green Rate program in the Joint Rate Mailer that DCE has just sent its customers, in accordance with CPUC rules. CONSENT CALENDAR – ITEM 2C: DIRECTION FOR A PROSPECTIVE REQUEST FOR PROPOSALS FOR A RAIL-STATION FEASIBILITY STUDY • Question: Has there been an update in the cooperation with Pacific Rail? o Answer: The CV Rail project is led by Riverside County Transportation Commission (RCTC). They have coordinated their planning efforts with Union Pacific (UP) and UP has been engaged throughout the process. UP is the owner of the rail corridor and they want to ensure any new passenger service does not interfere with their existing freight operations. As proposed, a new third rail line would minimize interference with freight operations. Formal negotiations with UP are on-going and the City’s feasibility study will need to account for UP preferences. CONSENT CALENDAR – ITEM 2D: APPROVE A CONTRACT AMENDMENT WITH HR GREEN PACIFIC IN THE AMOUNT OF $121,500 TO CONDUCT A FEASIBILITY AND MASTER PLAN STUDY FOR BROADBAND SERVICES • Question: Does Ontario have a sizeable student population? o Answer: Student population is not identified in the City of Ontario’s Fiber Master Plan; however, the Ontario-Montclair School District identifies a total of 22,000 students in the district, and the City of Ontario does not identify the school district as a client. For comparison, Desert Sands Unified School District (DSUSD), shows approximately 6,100 students in Palm Desert public schools, College of the Desert has approximately 9,000 students, and California State University San Bernardino – Palm Desert, has approximately 1,800 students, for a total of about 16,900 students in the City. Q&A Memo - 5 Question & Answer Memo Page 6 of 6 • Question: Has the City reached out to local education partners to discuss broadband? o Answer: The City has not engaged with local education partners at this time. Engagement with these partners will commence during the Broadband Feasibility Study. • Question: Can you provide more information about Ontario’s lack of return on their investment in broadband? o Answer: The City of Ontario began installing its Fiber network in 2014 and connected its first clients in 2015. To date, Ontario has installed over 170-miles of fiber conduit and serves 1,700 residential clients and over 140 businesses. Most of the customer base is located in new residential development and more traditional parts of the City are not connected yet. The largest client is Ontario International Airport. The City acknowledges that they have yet to see a return on the investment as:  installation costs are high  creating and funding a department for installation and management is costly  technology improvements are continuous and components require upgrades and replacement, and  the limited customer base has not generated enough revenue to cover the investment in the system In Ontario’s staff’s assessment most businesses are satisfied with their existing internet service and there is a lack of demand for higher speeds. New home development is required to be compatible with Ontario’s fiber service and only a limited number of homeowners have enrolled for the service. Lastly, the City of Ontario is the largest user of the system; having connected all City facilities, traffic cabinets, and surveillance cameras. The City of Ontario did not indicate how many customers connections are necessary to make the enterprise profitable or their timeline to see a return. • Question: What data will be used to evaluate the feasibility of broadband in Palm Desert? o Answer: The data points will be developed with the Feasibility Study. • Question: Has the City explored options under the 2022 Affordable Connectivity Program under Biden’s Infrastructure Plan? If so, how much? o Answer: No, we have not. New funding continues to become available at both the State and Federal level. As part of the Feasibility Study, these funding sources will be evaluated for their applicability to the City’s broadband programming. • Question: Are there any future grants anticipated that could bring the cost down in the future? o Answer: Yes, as part of the Feasibility Study, grants and other funding sources will be identified. Q&A Memo - 6 Streets CIP & Maintenance Overview SEPTEMBER 15, 2022 City Manager Comments Item A - 1 PUBLIC STREET NETWORK 172.9 Centerline Miles 42,820,000 Sq. Ft. (surface area) City Manager Comments Item A - 2 Pavement Condition Index City Goal is 80 Currently 77 City Manager Comments Item A - 3 Pavement Preservation vs. Reactive Maintenance City Manager Comments Item A - 4 Slurry Seal is the primary tool for preventative maintenance Over 7.5M square feet of asphalt was slurry sealed in Spring of 2022 Hovley West City Manager Comments Item A - 5 Street Rehabilitation is another method used when a street has reached the end of its useful life. In such cases, up to 20” of asphalt base (AB) is ground and then treated with a concrete solution for stabilization prior to applying new asphalt concrete (AC) The Cook Street Rehabilitation Project is now under construction between Frank Sinatra and Riviera. This CIP encompasses a total of 3 lineal miles including various sidewalk improvements. Street Rehabilitation Monterey Avenue City Manager Comments Item A - 6 City Manager Comments Item A - 7 How Street Issues Are Reported ONLINE & PHONE 760.346.0611 City Manager Comments Item A - 8 103 areas repaired January-September 9, 2022 *20 REPORTED ONLINE **83 CALLED IN BY STAFF OR RESIDENTS 0 10 20 30 40 50 60 70 80 90 January February March April May June July August Potholes Reported & Addressed City Manager Comments Item A - 9 Pothole Repairs 1.Debris is removed 2.Aqua-Phalt aggregate is applied 3.Water activates the new aggregate 4.Aqua-Phalt is tampered down City Manager Comments Item A - 10 Pavement Management Benefits include: Vehicle-friendly streetsReduces potential accidents Improves Quality of Life City Manager Comments Item A - 11 CITY OF PALM DESERT CITY CLERK’S OFFICE MEMORANDUM To: Honorable Mayor and Councilmembers From: Anthony Mejia, City Clerk Meeting Date: September 15, 2022 Subject: Correction to City Council Meeting Minutes of July 14, 2022 Staff requests that the City Council approve the City Council meeting minutes of July 14, 2022, with the following correction to Page 4: ------------- MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION: “Councilmember Kelly reiterated her request relative to fractional absentee ownership contact information.” Supplemental Item 1A - 1 Palm Desert Turf Rebate Program September 15, 2022 Amy Lawrence, Special Programs Manager Supplemental Item 2A - 1 Background •In response to California’s current water emergency and as part of Palm Desert’s newly adopted Environmental Initiatives Plan, staff was asked to work with the Coachella Valley Water District (CVWD) on developing a turf rebate program. •In addition to the state’s ban on watering nonfunctional turf, CVWD is currently enforcing Level 2 actions which include: o Prohibiting outdoor water use for spray irrigation during daylight hours except to check for leaks. o Restaurants can only serve water upon request. o Overseeding is discouraged. Supplemental Item 2A - 2 CVWD Turf Rebate Program •As an additional incentive to save water, CVWD currently offers a turf rebate program for $3 per sq. ft. of converted turf. •Residential projects –10,000 sq. ft. maximum •Commercial/HOA projects –25,000 sq. ft. maximum •At this time, the only other city in the Coachella Valley with a turf rebate matching program is Rancho Mirage. They have allocated approximately $2 million dollars over the last few months with varying match rates for Residential and Commercial/HOA projects. Supplemental Item 2A - 3 Rancho Mirage Turf Rebate Program July 7, 2022 Approved $500,000 for a matching rebate. $3 per sq. ft. for applicable residential and commercial/HOA projects as well as up to $6,000 per project for those required by the City to utilize a landscape architect. July 21, 2022 Approved additional $750,000. $350,000 for residential projects at $3 per sq. ft. $200,000 for commercial/HOA projects at $3 per sq. ft. Additional $200,00 for commercial/HOA projects at $1 per sq. ft. August 15, 2022 Approved additional $750,000 ($2 million in total). $400,000 for residential projects at $3 per sq. ft. $350,000 for commercial/HOA at $1 per sq. ft. Supplemental Item 2A - 4 Potential Program Impact •For Palm Desert,depending on the chosen match amounts ($2 or $3 for residential and $1 or $2 for commercial/HOA) and the number of submitted projects that are residential versus commercial/HOA, this program could provide additional assistance for between 20-50 projects and convert between 330,000 -1,000,000 sq. ft. of turf to water efficient landscape. Supplemental Item 2A - 5 Recommended Program Outline Appropriate $1,000,000 for the initial program with conditional authorization for the City Manager to approve an additional $500,000. Either a $2 or $3 match for residential projects and $1 or $2 match for Commercial/HOA projects. Applications, both residential and commercial/HOA, to be accepted on a first come, first serve basis beginning September 15, 2022 (date of City Council approval). CVWD would oversee the program including processing all applications and providing the full rebate to applicants. Waive all City plan check and encroachment permit fees associated with this program. CVWD would submit monthly requests for the City’s share of rebate reimbursements and a list of completed projects. Supplemental Item 2A - 6 Recommendation 1.Approve implementation of the Palm Desert Turf Rebate Program in partnership with Coachella Valley Water District (CVWD). 2.Appropriate $1,000,000 from the Unobligated General Fund Reserve. 3.Provide the City Manager conditional authorization to appropriate an additional $500,000. 4.Authorize the City Manager to take all further actions to implement the program including waiving plan check and encroachment permit fees and approving/executing all associated agreement(s), approved as to form by the City Attorney. 5.Direct staff on the following: •City match amounts for residential projects ($2 or $3 per sq. ft.) and commercial/HOA projects ($1 or $2 per sq. ft.) •Divide funds for residential and commercial/HOA projects or make funds available on a first come, first serve basis •Approve program start date of September 15, 2022 Supplemental Item 2A - 7 Desert Community Energy (DCE) September 15, 2022 Amy Lawrence, Special Programs Manager Supplemental Item 2B - 1 What is Desert Community Energy (DCE)? DCE is a not-for-profit, publicly owned electricity provider known as a Community Choice Aggregate (CCA) made possible by collaboration between cities DCE launched in Palm Springs in April 2020 and is currently the only city in the Coachella Valley to join. Supplemental Item 2B - 2 Background •The City Council has a long history of discussions on the potential risks and benefits of joining a CCA dating back to 2017. •On February 28, 2019, the City Council declined to launch DCE at the time but opted to continue to collaborate (4-1 vote). •On August 25, 2022, the City Council adopted an Environmental Initiatives Plan and a recommendation was made to hold a study session to discuss joining DCE for municipal accounts. •After that meeting, staff was instructed to provide the City Council with a history of DCE recommendations and actions and request direction on future actions related to DCE. Supplemental Item 2B - 3 Can Palm Desert opt-in for just municipal accounts? •DCE representatives recently informed City staff that opting in for just municipal accounts is not an option. •According to the California Public Utilities Commission (CPUC), the City may phase-in customer groups over time. •Municipal •Commercial •Residential •However, regulations require that eventually enrollment in DCE must include all city residents. Supplemental Item 2B - 4 DCE Launch Information In order to join DCE in 2024, the City must take action in early 2023 so that DCE can report their load forecast. According to DCE, the cost for the City to join for municipal accounts would be an additional $215,000 per year and would result in a reduction in greenhouse gas (GHG) emissions of 2,100 metric tons annually. Supplemental Item 2B - 5 Action Requested Receive report pertaining to DCE participation for municipal accounts. 1 Discuss scope of further study session pertaining to DCE. 2 Supplemental Item 2B - 6