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HomeMy WebLinkAbout2013-06-27MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 27, 2013 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Hamik convened the meeting at 3:01 p.m. 11. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilman Robert A. Spiegel Councilman Van G. Tanner Councilmember Susan Marie Weber Mayor Jan C. Hamik Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works J. Luis Espinoza, Assistant Finance Director Clayton von Helf, Information Systems Manager Ryan Stendell, Senior Management Analyst Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk Upon inquiry by Mayor Hamik, Ms. Klassen affirmed that the agendas for today's City Council, Successor Agency, and Housing Authority Meetings had all been posted in accordance with the Ralph M. Brown Act. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: 1) Property: 74719 King Fisher Circle (APN 624-440-027), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Jerry White and Diana M. Corica Under Negotiation: A. Price x Terms of Payment 2) Property: 42148 Verdin Lane (APN 624-440-003), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Justin E. and Patricia Mansker Under Negotiation: x Price A. Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Govemment Code Section 54956.9(d)(2): Number of potential cases: With City Council concurrence, Mayor Harnik adjourned the meeting to Closed Session at 3:02 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 - Councilman Robert A. Spiegel VII. INVOCATION - Mayor Pro Tem Jean M. Benson 2 IIIMIP MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 VIII. ORAL COMMUNICATIONS - B MR. NEAL VICTOR, Kandinsky Way, Palm Desert, stated that he'd communicated with City Staff Members Kevin Swartz and Shawn Kilpatrick several times because of problems in his neighborhood, and they'd been absolutely wonderful to work with, rating them each a 15 on a scale of 0 - 10. Today he wished to ask Council's consideration of enacting an ordinance, requiring that at the time homes are being built in new subdivisions where dumpsters are placed during the project, that those dumpsters be covered. He said if dumpsters are not covered in this windy area, the trash blows everywhere — there needs to be an ordinance saying they have to be covered. He's called the builder about the issue, yet from his yard, you could see the dumpsters were full of trash; the wind comes up and blows everything out of them. Additionally, when the workers have their lunch or discard plastic nail bags, they, too, blow all over the neighborhood. Further, he wanted to call particular attention to the blowing sand issue near the intersection of Portola Avenue and Dinah Shore, from Dick Kelly to Gerald Ford Drives, there is a field east of that location that is particularly prone to blowsand every time the wind comes up. He said there was no sand fencing or any other type of control. Although he called the City about the issue, he was informed that there was nothing that could be done. He added that his HOA (Homeowners Association) just spent $5,000 to clean up the GIMP sand that had been blown in. He sought Council's assistance with this issue, noting that he was very aware that he lived in the desert and sand was to be dealt with, but he asked if this particular location could be sprayed or stabilized in some fashion to lessen the impact. Mayor Hamik said the City would look into the matter and asked Mr. Victor to leave his contact information with the City Clerk. MS. TERRY WOOD, Palm Desert, said she had two issues to bring before Council. First, for many years a lot of businesses and residents haven't been able to come to City Council Meetings. Therefore, she was requesting consideration of holding meetings at 5:00 p.m., because a lot of people miss out on the goings-on in the City. Second, she wanted to see something more proactive with Desert Willow Golf Resort. She proposed developing it as a world -class establishment, acknowledging that she knew it already was as far as golfing and the Clubhouse. She wanted to see something like a River Walk installed there — retail stores and restaurants — funded by either municipal bonds or private investments. She knew there was a little talk about it, but she wanted to see more meeting of the minds on it. MS. AMY DOUGLASS, Wisconsin Avenue, Palm Desert, spoke to City Council on behalf of the Bombshell Bettys, one of the Coachella Valley's Roller Derby Leagues. She said they truly represent the diversity of the Coachella Valley in their ow backgrounds and careers — they would like to take their picture of Coachella Valley women who are athletic, smart, and classy to the larger world through competition 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 and outreach. In the early'90s when the Civic Center Park was built, facilities were included to support basketball, tennis, and volleyball; eventually, the Skateboard Park was built in 1999 when the need for such a place arose. She said they'd like to be given the same consideration as all those sports have received. The 2010s have seen the resurgence of Roller Derby across the nation, and most cities have been able to embrace this fast-growing sport because of existing skate facilities. She said the Coachella Valley is sadly lacking in a roller rink, and they asked that Palm Desert give the Roller Derby team the same respect that it's given to their primarily male counterparts in the skateboarding world. Currently, she said they practice outside, and the heat has become an extreme obstacle. The City of Palm Springs has recently given another Roller Derby League access to the indoor basketball court at DeMuth Community Center for their practices. The Bombshell Bettys were hoping that Palm Desert could assist them in finding an indoor space to practice, like the basketball court inside the YMCA or the Recreation Center. She said in the same way that the City allows the YMCA to use the Parks for their football and soccer programs, they were asking to be granted access to a space that could accommodate their burgeoning sport. Roller Derby has always been done on wooden surfaces, which shows that it's not damaging to the floors; however, they also have a $300,000 property damage policy to protect their designees. She said in early February, Senior Management Analyst Ryan Stendell told KMIR-6 that he was willing to help them find a place to practice; it was hoped that he and the City were still willing to honor that statement. She added that Mr. Stendell has been very helpful in starting the process of obtaining reserved time at University Park, which will legitimize their team, and they won't have to fight for space. But it doesn't help in the summer; they were all working professionals and only have late afternoons or evenings to practice. Tonight at their normal practice time of 7:00 p.m., the temperature will be 104°; and on their other practice day of Sunday, it will be 111 °, and it's not safe. She said Mr. Stendell has denied their request to practice inside because of perceived possible damage to the floors at the Recreation Center. So they were coming before the City Council in hopes of finding a way to make this possible or, better yet, perhaps allow them the use of any City - owned vacant building or warehouse space. However, their biggest dream is to bring Roller Derby to Palm Desert; a City -owned, indoor roller rink is a dream for the future and one about which the Bettys will be happy to advise the City. She said roller skating is an all -ages, fun, inside activity — perfect for the area's scorching summers. A rink with a home team can be very lucrative through ticket sales and merchandising. She said Roller Derby was the fastest -growing sport in the world; modem Roller Derby is not just about hitting one another in funny outfits — they were all athletes who take it very seriously and hope to compete at state and national levels, possibly the Olympics. They hoped the City of Palm Desert would share in their dream of athletic excellence and help them add one more gem to the Coachella Valley's Crown — a successful Roller Derby League. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE CITY OF PALM DESERT TO BE A "PURPLE HEART CITY." On behalf of the City Council, Mayor Hamik presented the proclamation to Mr. Len Tavemetti, Service Officer, Military Order of the Purple Heart Chapter 2929. MR. TAVERNETTI graciously accepted the proclamation, adding that Palm Desert doesn't really need to have one, because it was already very well known for recognizing and supporting all its military veterans, especially those wounded by helping them get jobs, education, and services they need for medical attention. He said this was particularly true for veterans of the most recent war with Post -traumatic Stress Disorder and related issues, and it was nice to every now and then stop and say thank you to the City as well as to the veterans. He added that a lot of veterans come home with a Purple Heart Medal, which goes into a shoebox in the closet, and they never talk about it. His organization would like to see some of them take the shoebox down, take out the Medal, and talk about their experience; it's inspirational for the young people and healthy for the veterans. B. PRESENTATION QF UPDATE ON JOSLYN CENTER BY OUTGOING PALM DESERT REPRESENTATIVE PAMELA PLICK. Ms. Plick thanked City Council for allowing her to come forward today to provide a year-end update. She provided statistics about Joslyn Center's outreach over the past year as of the period ending May 31. — 27,696 individuals had come through the doors this year. —1,265 Meals on Wheels served, with 910 of them to Palm Desert residents. — 188 Members served from Penny's Pantry (Joslyn Center Food Bank). — 317 Safety Net Calls to Joslyn Members who don't have immediate family nearby to check on them periodically. — 1,841 Memberships currently. She went on to say that they continue to focus on quality programs and special events that Joslyn offers. As part of their strategic plan, they want to add at least one new activity or program per year. Most recently she said, as also reported in the press, they've added an iPad Class with the support of a donor — a couple who spends part of their year in Palm Desert and part in Canada — who underwrote the cost of buying the iPads for the class. It's been so popular that they've had to establish a waiting list. Social Services — they've added a new program, "Senior Lunch In and Out," a collaboration with Jewish Family Services. She said they encourage their frail, homebound Meals On Wheels recipients who may not have a caregiver 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 to get out of their houses. They started by offering this activity once/month, now they've added a second day, so it's the 1 m and 3'd Tuesdays each month. A volunteer driver picks up the Members, brings them to the Center for lunch and activities, such as movies, or a beauty day for facials and manicures. They currently have 13 participants in the In and Out Program, with a goal of increasing it to 150. She added that they were able to initiate this program through the generosity of the Houston Family Foundation, which has funded the program for the first year as a reward for the collaboration between Joslyn and Jewish Family Services. She said they were looking to expand that collaboration as the Joslyn Center grows, because they can't depend on just volunteers to provide transportation for participants, and they're looking at another organization to work with here. Joslyn Center Board — Ms. Plick said they did some strategic planning at the beginning of their fiscal year for the period of 2013 - 2015, and they are currently working through those goals and action items. They've added three new Board Members, who add value with their specific expertise, and she said they will continue to expand the Board as they identify qualified Members to bring on. Executive Director Search — She said they've successfully completed their six-month search. They've made an offer that's been accepted by Lee Vanderbeck, who has over 25 years of non-profit experience, most recently as Executive Director of the Children's Discovery Museum of the Desert for 16 years, an excellent candidate with wonderful skills who starts on Tuesday, July 2. Ms. Plick said they were very excited about this, and she expressed special thanks to the Cove Commission, the City Council and Palm Desert staff, specifically Mr. Wohlmuth, Human Resources Manager Lori Carney and Human Resources Technician Del Walker for their invaluable assistance and the City's offer of resources in this process that made it run smoothly. Joslyn Center Financial Update for 11 months ending May 31: — $631,924 Cash Balance. — $641,980 Assets — $157,000 Liabilities Ms. Plick stated this represented a Cash to Total Liabilities ratio of 4, which is good. She went on to report year to date figures: — $711,302 Revenue — $682,706 Expenses As of May 31, there was a surplus of $28,596, and it is anticipated the Center will break even or have a slight surplus at fiscal year-end. She said they'd worked hard to have a conservative budget and make sure they stay within it. She added that they very much value the support from the City of Palm Desert as well as their other donors and supporters. On a personal note, she thanked the City Council of Palm Desert for appointing her to be 6 WINO MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 their representative for the last four years, it was an honor to do this for the City she loved. Mayor Hamik thanked Ms. Plick for her service, adding that she had opportunity to attend the Joslyn Center Board Meeting recently and noted that there were some very engaged Board Members, which was very much appreciated. She remarked that for everyone's benefit, the Joslyn Center was a very valuable asset to the Cove Communities' Cities, and she encouraged all to participate in fund-raising events that support this valuable resource for the Center's clients. C. CONSIDERATION OF THE APPOINTMENT OF CITY OF PALM DESERT REPRESENTATIVE TO THE JOSLYN CENTER BOARD OF DIRECTORS, PURSUANT TO ARTICLE VI, SECTION 2 OF THE JOSLYN CENTER BYLAWS. Councilman Tanner moved to, by Minute Motion, appoint Kathleen Kelly as the Palm Desert Representative to the Joslyn Center Board of Directors for a two-year term through June 30, 2015. Motion was seconded by Spiegel and carried by a 5-0 vote. Mayor Hamik welcomed Ms. Kelly and thanked her for offering to serve. am X. CONSENT CALENDAR A. MINUTEa of the Regular City Council Meeting of June 13, 2013. Rec: Approve as presented. B. CLAIM$ AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 232, 235, 236, and 239. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Courtyard By Marriott, 74895 Frank Sinatra Drive, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Real Italian Deli, 44795 San Pablo Avenue, Suite #1, Palm Desert. Rec: Receive and file. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 E. CITY COMMITTEE AND CQMMISSION MEETING MINUTES. 1. Marketing Committee Meeting of May 21, 2013. 2. Parks & Recreation Commission Meeting of April 2, 2013. Rec: Receive and file. F. REQUEST FOR ADOPTION of Resolutions - Setting Forth Findings and Authorizing the Destruction of Paper Files from the Department of Building & Safety that Have Been Digitally Imaged (May, June, July, August, and September 2012 Records). Rec: Waive further reading and adopt: 1) Resolution No. 2013 - 36 - May 2012 Records; 2) Resolution No. 2013 - 37 - June 2012 Records; 3) Resolution No. 2Q13 - 38 - July 2012 Records; 4) Resolution No. 2013 - 39 - August 2012 Records; 5) Resolution No. 2013 - 40 - September 2012 Records. G. REQUEST FOR APPROVAL of the Streamlined Use of Vendors for the Special Programs Department by Granting an Exception to Bidding Requirements in the Palm Desert Municipal Code Section 3.32.090 — Fiscal Year 2013-2014. Rec: By Minute Motion: 1) Grant an exception to the bidding requirements, as provided for by Palm Desert Municipal Code Section 3.32.090, for Fiscal Year 2013-2014 for the Special Programs Department; 2) approve the Special Programs/Events Vendors List as attached to the accompanying staff report. H. REQUEST FOR AUTHORIZATIQN, to Use Named Vendors for Purposes of Providing Recurring, Routine Services, Supplies, and Maintenance to the Desert Willow Golf Resort - Fiscal Year 2013-2014. Rec: By Minute Motion, authorize the use of vendors on the accompanying staff report's Desert Willow Golf Resort Vendor List for the purposes of providing recurring, routine services, supplies, and maintenance to the Desert Willow Golf Resort in an amount not to exceed $25,000 per vendor - Fiscal Year 2013-2014, pursuant to Section 3.32.110 of the Palm Desert Municipal Code. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 I. REQUE$T FOR AUTHORIZATION for Desert Willow Golf Resort to Reimburse Stand -By Golf for Excess Prepayments on Account for Wholesale Golf Rounds Contracted for Fiscal Year 2012-2013 in the Amount of $30,000 Rec: By Minute Motion, authorize: 1) Desert Willow Golf Resort to reimburse excess prepayments for golf rounds in the amount of $30,000 for Desert Willow Marketing Contract #DW92512 to Stand -By Golf, Palm Desert, California; 2) Desert Willow Golf Resort to credit Stand -By Golfs American Express Credit Card used to make the initial deposits minus any applicable fees; 3) City of Palm Desert Finance Director and the Desert Willow General Manager to authorize this credit card credit. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31040A — Section 29 Retention Basin Repair Project (Project No. 627-11) (KIP, Incorporated, Murrieta, 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. K. REQUEST FOR APPROVAL of the Future Reimbursement Agreement Between the Coachella Valley Association of Govemments (CVAG) and City of Palm Desert to Purchase Right -of -Way and Construct the Future Improvement of Portola Avenue (Contract No. C32930). Rec: By Minute Motion: 1) Approve the Future Reimbursement Agreement between CVAG and the City to purchase Right -of -Way and construct the future improvement of Portola Avenue; 2) authorize the Mayor to execute said Agreement. L. REQUEST FOR DECLARATION of Two (2) BMW Police Motorcycles and One (1) Gateway Television as Surplus Property and Authorize Disposal. Rec: By Minute Motion, declare the two BMW Police Motorcycles and Gateway Television, as listed on the accompanying staff report, as surplus property and authorize their disposal as recommended. Upon a motion by, Spiegel, second by Benson, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 Xl. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 2013 - 41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENT ALONG THE COMMON LINE OF LOTS 8 AND 9 OF TRACT NO. 2184 ON FAIRWAY DRIVE, UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. Councilman Spiegel moved to waive further reading and adopt Resolution No. 013 - 41. Motion was seconded by Tanner and carried by a 5-0 vote. XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. REQUE$T FOR AUTHORIZATION FOR STAFF TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR AUDIO-VISUAL EQUIPMENT AND INSTALLATION IN THE PARKVIEW PROFESSIONAL OFFICE COMPLEX CONFERENCE ROOM NO. 119 (CVAG CONFERENCE ROOM) (CONTRACT NO. C32940). Information Systems Manager Clayton Von Helf stated this item is to update the Audio Visual Equipment in Conference Room 119 at the Parkview Office Complex, which is used by Coachella Valley Association of Governments (CVAG). The room was last remodeled in 2005 and is primarily used for video conferencing for CVAG. He said video conferencing standards have changed dramatically since 2005, so this item will upgrade and fix some of the audio problems. At Monday's Executive Committee, CVAG agreed to pay for half of the costs. He said the City will handle the project, pay for it all, and then CVAG will reimburse the City for 50% of the cost. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 Councilman Spiegel moved to, by Minute Motion, authorize:1) Staff to issue an RFP for the purchase and installation of Audio -Visual Equipment for Parkview Professional Office Complex Conference Room No. 119 (CVAG Conference Room); 2) City Manager to execute contract for same in an amount not to exceed $55,000 with the most qualified bidder for the project — funds are available in Account No. 510-4195-495-3330. Motion was seconded by Weber and carried by a 5-0 vote. In response to Mayor Hamik's question, Mr. Von Helf responded CVAG agreed to pay $25,000. Staff requested $55,000, because it provides for a 10% contingency, but he believed the total cost will come in at about $50,000. B. REQUEST FOR AUTHORIZATIQN TO PURCHASE NEW COMPUTER WORKSTATION REPLACEMENTS IN AN AMOUNT NOT TO EXCEED $64,600. Information Systems Manager Clayton Von Helf stated the City hadn't replaced computers for almost three fiscal years because of the economic downturn and uncertainty in staffing, so the purchase of these computers will help the City catch up. Mayor Hamik asked if the 35 Gateway computers and non -Dell models completely antiquated, and where will they go. Mr. Von Helf responded that those computers not yet completely antiquated, staff tries to find someone willing to take them as a donation for a nonprofit or school. However, most of the time, they can be purchased cheap at Best Buy. Therefore, it didn't pay to take an older piece of equipment to fix it up. Further responding, he said funds are in the Equipment Replacement Fund and it's a budgeted item. Councilman Spiegel moved to, by Minute Motion, approve the purchase of new computer workstations for an amount not to exceed $64,600 — funds are available in Account No. 530-4190-415-4040 - Equipment Replacement Fund. In response to question, Mr. Von Helf said staff took care of wiping the hard drive clean. Councilman Tanner seconded the motion, and it carried by a 5-0 vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 C. REQUEST FOR APPROVAL OF THE EXPENDITURE OF FUNDS TO SUNGARD PUBLIC SECTOR FOR ANNUAL COMPUTER SOFTWARE MAINTENANCE IN THE AMOUNT OF $56,084.09. Councilman Tanner moved to, by Minute Motion, approve payment to SunGard Public Sector in the amount of $56,084.09 to provide computer software maintenance for one year — funds are available in Account No. 110-4190-415-3360. Responding to question, Mr. Von Helf confirmed this expenditure was in the budget. Councilman Spiegel seconded the motion, and it carried by a 5-0 vote. D. REQUEST FOR A.VTHORIZ TION FOR THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT IMPLEMENTATION AGREEMENT (CONTRACT NO. C13361A). Mr. Greenwood stated all Coachella Valley cities are required to obtain a permit in order to operate the storm drain system, including Palm Desert. The City falls under the umbrella of the County Flood Control District (CFCD) who charges the cities for the cost to manage the system. He said this Agreement allows CFCD to run the permit, and the City agrees to pay them for their cost. Responding to question, he confirmed the cost may be up to $65,000, but only $60,000 was budgeted, which may require a mid -year adjustment. Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute the First Amendment to the NPDES Stormwater Discharge Permit Implementation Agreement — funds have been included in the Fiscal Year 2013-2014 Budget for the City's share of this program. Motion was seconded by Tanner and carried by a 5-0 vote. E. REQUEST FOR AUTHORIZATION TO PURCHASE FERTILIZER PRODUCTS FROM CROP PRODUCTION SERVICES IN AN AMOUNT NOT TO EXCEED $216,685.80 FOR THE DESERT WILLOW GOLF RESORT (CONTRACT NO. C32810, PROJECT NO. 843-14). Responding to question, Mr. Greenwood said this was a sole source fertilizer. Councilman Tanner asked if this was the second year this vendor was providing the fertilizer. MR. MIKE TELLIER, Superintendent at Desert Willow Golf Resort, confirmed they went out to bid and this was the same vendor as last year. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 Councilman Tanner moved to, by Minute Motion, authorize: 1) Desert Willow Golf Resort to purchase fertilizer products from Crop Production Services, San Jacinto, California, in an amount not to exceed $216,685.80; 2) Mayor to execute the contract — funds are available in Course and Grounds Expenses Account No. 520-4195-495-8031. Motion was seconded by Benson and carried by a 5-0 vote. F. REQUEST FOR APPROVAL OF MODIFIED COURSE, AS DESIGNED BY CITY STAFF FOR ALL 5K RUN/WALKS ON EL PASEO, FOR THE SECOND ANNUAL MARTHA'S VILLAGE & KITCHEN THANKSGIVING 5K RUN/WALK. MS. BLAIR AMIDEI stated last year's event was very successful, making more than $90,000 for Martha's Village & Kitchen (MV&K). She said she worked with City staff to coordinate and organize the course used last year, and because there wasn't a lot of time to discuss different options that might work out for both parties this year, she requested a continuance of this item until they can discuss this matter with staff and then re-evaluate. Mayor Hamik stated the City is trying to come up with a standardized course that anyone can use, because she considered it an opportunity and privileged to be able to have a 5K on El Paseo. She said it was the City's goal to standardize the course to make it easier for staff and applicants. Mr. Wohlmuth agreed last year's Thanksgiving 5K Run was a success and Martha's Village did an excellent job. However, since then, the City has had the Easter Bunny Hop, and staff has already been notified by a group about an upcoming proposal for Christmas of this year, but the date was unknown. Obviously, a Christmas run on El Paseo concemed staff, so for the Bunny Hop event, staff tailored the course avoiding Portola Avenue due to Easter Sunday and the five churches on that street. After using the new design that didn't cross Portola Avenue, as opposed to Martha's Village design, staff found it to be a great course and excellent layout. He said the Bunny Hop course didn't impact south Palm Desert residents, and it was potentially a layout that reduces traffic control costs and police costs. He said staff is trying to standardize the course so that City inspectors know exactly where cones and barricades are placed, as well as police knowing what intersections to protect. Since El Paseo has become quite a nice venue for 5K runs, staff believes standardizing it and playing fair with all applicants is the best for Palm Desert. If Council wished to continue this item, staff will be happy to meet with Martha's Village representatives and discuss the very successful layout that was used in Easter and explain why the City preferred it. Councilman Spiegel asked Ms. Amidei if they were against the proposed route. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 MS. AMIDEI responded MV&K spent a lot of time, energy, and money on certifying last year's course, which meant going through the United States Track & Field certification process. The process entails someone actually measuring the course, then having the layout submitted, so that people that are competitively running can count that time for their national average. The proposed course is not certified and going through that process was extremely lengthy. She reiterated they have already invested time and energy and their course is already certified, which is currently the only certified course on El Paseo. She said Martha's Village was actually approached in 2011 and invited to come over to Palm Desert, but it was too late in the planning. However, when there was a Request For Proposal by the City last year, they gladly applied and worked closely with staff in the beginning to set up that first course. They also had a followup meeting after the event, just to make sure they didn't impact any City members or residents on that Thanksgiving Day. Because El Paseo was closed with only three or four businesses open on that street, there were one or two people that couldn't get through San Pablo, but those were the only flags that came from the Police Department or traffic control. While she understood the City wants to have a course that is laid out for every single event, this was a flagship event for the City, stating every major city in America has a fun run or a run for the hungry on Thanksgiving morning. She said this event was the only one in Palm Desert, and it's extremely successful; it's the largest 5K in the City year-round. She said they hoped to be a little different by offering their course, in order to bring more people here to the Valley. Councilman Spiegel asked if the City's proposed course can get certified. Mr. Wohlmuth answered yes, stating the cost was about $1,400. He suspected that if the City standardized the course used for the Bunny Hop and everybody can use it, it was worth the City participating with the applicant to have it certified. He said with Council's permission, staff would be happy to assist with the certification both in process and dollars. Councilman Spiegel asked if Martha's Village would still have a problem if the course was certified. MS. AMIDEI responded that having the course certified was not the issue, the problem is that it's a lengthy process. She said attempting certification in July to get it done by November, will definitely impact the running of the event in its entirety. She said if that was something decided for next year, she was definitely open to that suggestion. However, now in July, was a little late to start adjusting the course as it's something they have already advertised. Councilman Spiegel suggested having this item continued to the meeting of July 11, 2013, to have the Applicant review staffs proposal. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 Councilman Tanner stated that since this was a qualifying 5K, questioned what kind of impact would it be to the participants if the course was changed. MS. AMIDEI stated they would probably lose approximately 500 to 600 participants, which was a substantial amount of money for the nonprofit; they had about 1,900 participants last year. Responding to question about the impact of a certified course, she said basically anyone in Southern Califomia that was not in the San Diego or Los Angeles areas are coming to Palm Desert. She said they also have participants from out of town that are coming in for the holidays from New York, Chicago, Florida, etc., to do this race because of the prestige. Councilman Tanner stated it would be wise to get a new course certified, but not for the November Thanksgiving 2013 event. He suggested staying with the 2013 event as planned, as opposed to altering the course, but have it certified for 2014. Additionally, because the event benefitted Palm Desert, the City should participate in some way to help Martha's Village get re -certified. Councilmember Weber asked if the Christmas run will also require certification, because she agreed the City should plan on having it certified. However, she imagined the information for Martha's Village 5K is out and runners and walkers know what the course is going to be. Therefore, she agreed the November 2013 event shouldn't be changed, and apparently it's low -impacting on Portola Avenue anyway. Mayor Hamik stated Portola Avenue is closed. Mr. Wohlmuth explained the City didn't have an application for a Christmas Run yet, but the individual that helped Martha's Village last year indicated he would like to have one. Since the City Manager signed off on these permits, and it requires Council action to close a street, he suggested only bringing forth those applications, especially at Christmas, that included a route that didn't close Portola Avenue, whether the applicant obtained certification or not. Councilmember Weber agreed the City should plan ahead for getting a certified course, but agreed with Councilman Tanner that it shouldn't impact the November 2013 5K Run. Therefore, she didn't see any reason to table this matter. Responding to question about the certification process, Ms. Amidei said one had to reach out to the U.S. Track & Field Division, then they provide a list of people in the Southem California area that might be willing to come out and certify the course. Once a person is narrowed down that is willing to do it, that person rides/bikes the course seven or eight times, the course is then 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 manually marked on the street, and then a map is put together that is submitted to the National U.S. Track & Field to be approved. The map then goes through a Board of Approval process to get certified for a 12- or 13- year time period. Mayor Hamik stated that as a citizen of Palm Desert and member of the Council, she Is proud to have Martha's Village in Palm Desert as it was so successful. Compared to other 5K's, she's never seen such revenue generated, which she was happy to see happen. Given that last year was the first time on El Paseo, she thought it would be better to make the switch quickly rather than having the same course two years in a row. She asked if staff could assist with the certification process to get it done quickly and help with the expense as well. Mr. Wohlmuth answered yes, stating that although he didn't know exactly what the process entailed, under his signing authority, assisting with the process to have the course certified and participate financially was certainly doable. Mayor Hamik stated the sooner the City had a course that people can count on, the better it was for the participants. She agreed the Applicant may lose some participants, but others may be gained, because this event received tremendous press and positive reaction. MS. AMIDEI pointed out that if Palm Desert had every single 5K event on El Paseo run the same course, which is three or four times a year, the venue will completely lose its luster. Mayor Hamik commented everyone thought El Paseo was quite special. MS. AMIDEI agreed, but runners and those who do it on a regular basis are always looking for something a little different. She probably wouldn't have come to El Paseo if there hadn't been a serious Request for Proposal and worked so hard with staff on the original route, because she already had a certified course in La Quinta. She said she didn't necessarily have a need to move, because she was already set up. However, they do want to be a little different and want this to be a flagship event for the City. She would be more than happy to work with staff to help certify the course and give any information that's needed. She understood the decision belonged to the Council, but they would love for the course to remain the same as last year. Councilman Spiegel asked if staff will know by July's meeting if staffs proposed course can get certified in time. Mr. Wohlmuth answered yes. Councilman Spiegel moved to, by Minute Motion, continue this item to the meeting of July 11, 2013. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 Councilman Tanner said the course that will potentially be certified is going to be slower because of the turns, which may not attract the class runner, a 5K athlete. He said if the City was considering a signature event for financial impact, and it opts for the configuration proposed by staff, the City will not get full participation. He pointed out last year's event didn't have vehicles going up and down Portola Avenue on Thanksgiving Day. He wasn't suggesting that it be done for the Bunny Hop or Christmas, because those are very busy runs, but people that are using this course as a qualifying race are going to want to be able to get times that are quick enough to qualify. Therefore, he was against postponing this item, because he felt this matter needed to be decided today in order to move forward. He said the Applicant had to get their invitations out outlining the course, and the people that ran it last year knew how fast it was. Councilmember Weber agreed this item shouldn't be delayed, and the course should remain the same. She agreed with the Mayor that sooner was better, but the Council should have known about a change three months ago to avoid an inconvenience to Martha's Village. She imagined MV&K had people signed up with paperwork already going. Therefore, she will vote against continuing this item. — Mayor Hamik seconded the motion, and the motion carried on a 3-2 vote, with Weber and Tanner voting NO. Responding to question, Mr. Wohlmuth stated this item will be agendized for the July 11, 2013, City Council Meeting. G. REQUEST FOR APPROVAL OF PLAN REVIEW/INSPECTION SERVICE CONTRACTS WITH SCOTT FAZEKAS & ASSOCIATES, WILLDAN ENGINEERING, AND CALIFORNIA CODE CHECK, INC., FOR THE DEPARTMENT OF BUILDING & SAFETY — FISCAL YEAR 2013-2014. Councilman Spiegel asked if the money was recouped through plan check fees. Mr. Grance answered yes. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contracts for professional services to Scott Fazekas & Associates, Irvine, Califomia (Contract No. C32950A), Willdan Engineering, San Bemardino, Califomia (Contract No. C329508), and Califomia Code Check, Inc., Newbury Park, California (Contract No. C32950C), for Building Plan Review and Inspection Services, FY 2013-2014; 2) authorize the Mayor to execute said contracts with a commencement date of July 1, 2013, and ending date of June 30, 2014, and in an amount not to exceed a cumulative total of $40,000 — funds are available in Generai Fund Account No.110-4420-422-3010 as set forth in the FY 2013-2014 Budget. Motion was seconded by Weber and carried by a 5-0 vote. um 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 H. REQUEST FOR APPROVAL OF THE ANNUAL BUDGET FOR THE PRESIDENTS PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2013-2014. Senior Management Analyst Ryan Stendell stated this was the fourth year of this management district and the only yearly change was the cost of living increase. This levy will be for President's Plaza III, the area behind Califomia Pizza Kitchen and in between Carl's Jr. area. Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 2013 - 42, approving the President's Plaza III Business Improvement District Annual Budget for FY 2013-2014; 2) Resolution No. 2Q1 3- 43, ordering the levy and collection of assessments for 2013-2014. Motion was seconded by Tanner and carried by a 5-0 vote. I. REQUE$T FOR APPROVAL OF THE "FIRST WEEKEND" CONCEPT AND APPROPRIATE $15,000 FROM UNOBLIGATED GENERAL FUNDS FOR MEDIA BUYS FOR THIS PURPOSE. Economic Development Manager Ruth Ann Moore stated this concept of "First Weekend" is within the approved Economic Development Strategic Plan that was approved by Council in January 2013. The concept, as staff learned from its research, there are a lot of events happening in the City. For example, the Art Walk on El Paseo, Concerts at the Gardens, events at the Museum, Docent Tours, Cruise Night, Corporate Way, etc. Therefore, the idea of "First Weekend" is to promote as a group everything that is happening at one time. The concept "First Weekend" will be promoted both to local residents and hotel visitors through rack cards and local media. This concept has been reviewed with the Marketing Committee and Arts In Public Places Committee, and it has received favorable responses from both. The El Paseo Business Improvement District and the Museum have both committed funds to promote their individual events. The McCallum Theater and The Living Desert are also looking into the concept, because they like the idea. The City's role is to gather all the information and promote it as an umbrella of an event. Everybody else would then be responsible for their individual events. The City is not looking to create a new event but to package up all the different events and promote them as a group. Staff is seeking Council approval of the concept "First Weekend" and appropriation of the funds for the promotion. Responding to question about whether the funds were in the budget, she said no, which is why staff was asking for appropriation of the funds. Councilman Spiegel said it was a good idea and anything that can be done to get the City out in front of everybody in the Valley was important. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 Councilman Spiegel moved to, by Minute Motion: 1) Approve "First Weekend" Concept; 2) appropriate $15,000 from Unobligated General Funds to Media Buys, Account No. 110-4417-414-3221, for this purpose. Mayor Hamik stated she loved the whole concept, and she had been watching it develop in the Marketing Committee and heard from the entities mentioned like The Living Desert, McCallum Theater, Museums and Art galleries, that they are excited. Councilmember Weber seconded the motion, and it carried by a 5-0 vote. J. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT, YMCA OF THE DESERT, AND THE CITY OF PALM DESERT AS IT RELATES TO PARTICIPATION IN THE AFTER SCHOOL PROGRAM AT LINCOLN ELEMENTARY SCHOOL (CONTRACT NO. C32960). Mr. Wohlmuth noted Ms. Frankie Riddle was away at a conference, so he was providing the staff report. He said this MOU was the City's standard After School Program at Lincoln Elementary, which is in the 2013/2014 budget; the City supports this program with $75,000 and approximately 150 children participate. He said the following item on the agenda is also an MOU with Palm Desert Charter Middle School. Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute the subject MOU between Desert Sands Unified School District, YMCA of the Desert, and the City, relative to the After School Program at Lincoln Elementary School — funding in the amount of $75,000 was included in the FY 2013-2014 Budget for this Program - no additional impact. Motion was seconded by Tanner. Mayor Hamik said the City supported schools, education, etc., as was also demonstrated at the last City Council meeting. She said it was important to be part of the coalition and collaborative effort to support these programs. Mayor Harnik called for the vote, and the motion carried by a 5-0 vote. K. REQUEST FOR APPROVE OF 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. C32970). Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute the subject MOU between Desert Sands Unified School District, Palm Desert Charter Middle School, and the City, relative to the After School Program at Palm Desert Charter 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 Middle School — funding in the amount of $75,000 was included in the FY 2013-2014 Budget for this Program - no additional impact. Motion was seconded by Benson and carried by a 5-0 vote. L. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE LOANS FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE HOUSING COST ASSOCIATED WITH A DIRECT SALE IN DESERT ROSE (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Management Analyst Jessica Gonzales noted the staff report and offered to answer any questions. Councilman/Member Spiegel moved to, by Minute Motion: 1) Approve a silent down payment assistance loan associated with a direct sale in Desert Rose, not to exceed 40% of the sales price of the home to ensure an affordable housing cost pursuant to Califomia Health and Safety Code Section 50052.5, for a qualified low- or moderate -income household from any available funding source restricted for such purpose (Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation); 2)authorize the use of the Desert Rose Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, and authorize the Mayor to execute; 3) authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction; 4) authorize the Authority Chairman and/or the Authority's Executive Director; or his designee, to finalize and execute any ancillary documents necessary to effectuate the actions taken herewith — monies are available in the appropriate account in the Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation Fund. Motion was seconded by Benson and carried by a 5-0 vote. M. REQUEST FOR APPRQVAL OF DOWN PAYMENT ASSISTANCE LOANS FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE HOUSING COST ASSOCIATED WITH DIRECT SALES IN FALCON CREST (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Councilman/Member Spiegel moved to, by Minute Motion: 1) Approve silent down payment assistance loans associated with direct sales in Falcon Crest, not to exceed $80,000 per property in accordance with the Falcon Crest Sales Program and documents, to ensure an affordable housing cost pursuant to California Health and Safety Code Section 50052.5, for qualified low- or moderate -income households from any available funding source restricted for such purpose (Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation); 2) authorize the use of the Falcon Crest Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, and authorize the Mayor to execute; 3) authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction; 4) 20 IMIIIIP MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 authorize the Authority Chairman and/or the Authority's Executive Director, or his designee, to finalize and execute any ancillary documents necessary to effectuate the actions taken herewith — monies are available in the appropriate account in the Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation Fund. Motion was seconded by Benson and carried by a 5-0 vote. N. CONSIDERATION( OF REQUEST TO PARTICIPATE IN STATEWIDE INITIATIVE MEASURE TO RESTORE REDEVELOPMENT. Mr. Wohlmuth stated the City was approached by two consultants working on an initiative for the November 2014 ballot to restore Redevelopment in California; this initiative would have to be approved by the voters. The staff report identifies the challenges and the participants that have agreed to participate, most of them being in Orange County. Although it's a good idea, and it would benefit Palm Desert, staff is not recommending $50,000 to participate in the program. One, Palm Desert was not the best example for a participant. Two, the meetings will be in Orange County, and with staff aggressively working on dissolving Redevelopment, he didn't think they could do both, attend meetings to reestablish and dissolve it. Three, if they are successful, Palm Desert would benefit, but he wasn't sure Palm Desert's participation at the table was worth $50,000. The major areas in Palm Desert that would benefit from the reestablishment of Redevelopment would be Project Area No. 2, the undeveloped land in the north sphere. He said there is a whole bunch of questions that are unanswered at this point, like what is the base line, etc. For this consideration, he would say to support it in concept but not financially, which is staffs recommendation. Councilman Spiegel asked if there were any other cities in the Valley participating. Mr. Wohlmuth answered not to his knowledge. He said when the consultants made their trip out to meet with staff, they indicated they had approached La Quinta, but would not be approaching Indian Wells. All of the cities that have ponied up money are from the Long Beaches, the Costa Mesa's, all Orange County cities. Mayor Hamik agreed it was not a good idea to commit to $50,000, and Palm Desert's name at the table may not be an asset. However, she certainly looked forward to a time when Palm Desert can keep more of its tax increments to spend locally as needed. Mayor Pro Tem Benson moved to, by Minute Motion, deny the request to participate in an effort initiated by former Redevelopment Agencies to reinstate Redevelopment in California through a Statewide Initiative Measure in the amount of $50,000 and support in concept at this time. Motion was seconded by Weber and carried by a 5-0 vote. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 XV. CONTINUED BUSINESS A. REQUE$T FOR DIRECTION REGARDING UTILITY UNDERGROUNDING IN PALM DESERT (Continued from the meetings of December 13, 2012, and April 25, 2013). Public Information Officer/Management Analyst Dave Hermann asked for a continuance until staff meets with Southem Califomia Edison and those residents who are attempting to form this Utility Underground Assessment District. The meeting is scheduled for July 11; therefore, staff recommended continuing this item to the meeting in August. MS. LESLEY MILLER stated they didn't like the delays, and as far as she knew, the reason for it, is that a citizen involved requested the Edison meeting, which she believed was a courtesy on the part of Mr. Hermann and the City. She said residents are sitting in an extremely hot summer, and there has been no contest on their point, given there's been a minimum of four fires created by electric wires, which she had photos. She said Edison is going around clipping the trees and the tops of some palm trees, which was unsightly to the environment. The four fires in her immediate neighborhood required re -landscaping on the part of four different houses, and one lady is upset because of the pollutants that come from the exploding transformers. She had her gardener clip everything back as well, because she's worried. She said this was a safety concem, and almost everything the Council addresses seemed to be of general discretion with political concern, as it should be. However, when safety and fire are at issue, and the residents have done everything possible for the underground district by obtaining more than 70% of the required signatures, which have been checked and approved, they are sitting on a dangerous condition. She questioned how money couldn't be found to go forward, even if it was provisional. She understood a substantial amount of money is pending until January, but during this six-month period a small amount of money can be spent, and it would be mostly on bureaucracy to make sure the correct number of houses is within the assessment district according to Edison. She asked why that couldn't be done without any further delay. And if that six- month period took place between now and January, assuming the funds become available, everyone will be ready to go. She said a lot of discretionary funds are being spent. In other words, withing the General Fund there appears to be categories that are still discretionary, because the Council has to give subsequent approval. She questioned why this item was being delayed to August, because August was the one month there wasn't an Art In Public Places meeting, and she will be out of the State. The lady who is assisting her will also be away; August was a very inconvenient time. She didn't know why this couldn't be approved even if was conditional. In other words, go ahead with the Edison meeting, the planning, and verification of the precise borders that Edison wants to work on the ground, and then the 22 MEI MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 principal part, which she understood was a fluctuating percentage, can go forward in January when the new budget or redevelopment monies come into play. She is nervous and worried about her safety and neighbors properties, believing she's done everything possible on her part. She pointed out that she inquired about this matter to Mr. Wohlmuth in 2011. She said she was hesitant to mention it, but it was implicit in her comments, that when substantial money is paid by Edison to settle claims, knowledge she had, there is always the possibility and likelihood that if there is another fire, the City will on the defendant side. She apologized for having to mention it, but it was true, especially with this kind of waming, the potential for punitive damages, etc., was there. She said no threat intended, but just a fair, fair, waming with sadness. She provided the City Clerk with photographs of her garden and neighbor's across the street. She said that as an attorney herself, there is an equal protection argument. In other words, what has been provided to others, doing exactly what they have done, but not provided to her group, was a large argument if it ever hit a court room. MS. MERILEE COLTON, Salt Cedar Street, Palm Desert, stated she would like to speak directly to the motion. The second item of the motion talks about adding an additional step to the established City process, whereby it would meet with Southem California Edison first. She supported staffs ••• recommendation, stating it was exactly the same request made the last time they met with Council. The reason for the additional step, is that the area above ground, which she refers to min fill,' is surrounded by previously undergrounded areas in a hodgepodge sort of fashion. She said there isn't one big neighborhood that was built at the same time left. Therefore, it will be technically more difficult, but not necessarily more expensive. She supported this additional step as part of any future plan the Council approves regarding redevelopment. As for the delay, staff and residents involved were supposed to meet with Edison on June 18, but that didn't happen because she was called to Jury Duty. She will be attending the July 11 meeting with Edison, but won't be available until September. She said many of the folks that signed her petition won't be in town either, because it's not the season. She said it was unfortunate that a report couldn't be provided to Council today to make a determination about what to do next, which is funding an engineering study. Councilmember Weber asked for clarification on this matter, because this was one of the first issues as a newly elected person she faced in December, but it's been delayed. She understood one of the reasons is that the City is waiting to hear from the State on whether it has access to the bond funds. Mr. Wohlmuth responded that was correct, stating the City had bond funds programmed for undergrounding districts before Redevelopment was 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 dissolved. He said the Council has already made one change to the City's process, by allowing residents define the district first as opposed predefining larger districts, which is why staff is adding an additional step to meet with Edison who will verify the efficiency of the design and costs associated with it. He said other neighborhoods that want to do undergrounding will get a reasonable idea of costs and whether it's the best design for their district/neighborhood, since it's not predetermine anymore. He said Ms. Miller indicated the City could take funds from the General Fund, but to give the Council an idea of the cost for the engineering and design, the City spent more than $1 million for Palm Desert Country Club. He expected the design and engineering for the neighborhood of Ms. Colton and Ms. Miller to be in the hundreds of thousands of dollars. He said the City will need the bond proceeds to be able to fund the design and engineering of a new district, and ultimately, the public portion of the underground as well. He as staff, recommended against using General Fund monies, stating undergrounding should be funded with bond proceeds. He understood the concem about the delays, but it was the Govemor of Califomia that took Redevelopment funds from the City. MS. MILLER said she understood major funding couldn't be available until January, but questioned why the smaller things couldn't be done in stages, like the professional services, City engineers, the Edison group, and the mapping. She heard it was as low as $35,000 to do the preliminary work. She said in the past money was diverted from Redevelopment from those safety issues to the golf course. Therefore, she couldn't see how the City can justify spending on grass seed and fertilizer and not on the safety of its residents. Mr. Wohlmuth noted the Budget Plan is on a later item on the agenda, which is full of priorities. His recommendation is to utilize the bond proceeds for these undergrounding districts. In his experience with undergrounding, Edison needs to decide where the transformers go, the size of the wire, their location, i.e., street, backyard, etc., and the cost for that was not a $35,000 arrangement. He said the cost was in the hundreds of thousands to pay Edison to engineer a system. Responding to question about the July meeting, Mr. Hermann explained staff, Ms. Miller, and Ms. Colton are meeting with Edison on July 11 to determine if the proposed district is the best deal for the residents and its feasibility. He said that meeting didn't have anything to do with the financing or the ability to finance, it had to do with the boundaries of the district and whether it will work. It was more about the technical aspects of the district itself. Councilman Spiegel said the problem was that with Palm Desert Country Club, enough residents agreed to have a prognosis of the cost from Edison, 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 Time Wamer, South West & Bell, and that prognosis cost the City $1 million+. Then when it came to what it was going to cost the homeowner, they voted it down. He said $1 million of Redevelopment dollars was spent on something that didn't come to fruition, because the residents tumed it down, which is a concern. Mr. Wohlmuth stated he understood the concem for the delay, but the design and engineering of the system had to take place, and it's going to be very expensive, it was in the hundreds of thousands -plus range. He said the Council can look at this in terms of two steps: 1) The design and engineering that leads to the cost estimate; 2) spreading the cost estimate to the City and property owners and having it go to a ballot. He agreed the City can move forward with design and engineering once the bond funds are available. However, he pointed out it was not just Edison that was involved, there are other utilities on those poles, so staff will have to work with Time Wamer and Verizon as well. Responding to question about when exactly the bond proceeds would be available, he said this item will be placed on the Recognized Obligation Payment Schedule (ROPS) for January 2014. Mr. Hermann clarified the item will be placed on the ROPS in October, and funds, as staff understood it, will be available in January 2014. ... Councilman Tanner stated there was no way of making any kind of decision at the July 11 t meeting, if the meeting with Edison is on the same day. Mr. Hermann said this item did not relate to the formation of the district. Formation of the district will come before the City Council later to proceed with an engineering study. All that is being asked today is for Council to endorse the current policy with the change to allow residents to form their own district and determine which are the most efficient and best boundaries, including this additional step to meet with Southem Califomia Edison to determine if the district will be efficient and that it will work. Mayor Hamik stated the City was only adding another step to get Edison's expertise on the feasibility and technical aspects. Mr. Hermann agreed, stating staff was trying to establish a template that not only this proposed district can follow, but that others can follow as well. Mayor Harnik stated she appreciated the work done by Ms. Colton and Ms. Miller, because many people talked about it, but these two ladies did the hard work and got the percentage needed to support an undergrounding district. However, sometimes when you have to vote with your check, the votes change a little. She asked staff exactly what was being delayed if this item was continued. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 Mr. Hermann stated staff is recommending a continuance to the first City Council meeting after it meets with Edison. He said staff will determine if that meeting with Edison works and whether it should be part of the process going forward. Mr. Wohlmuth added that two months ago, the Council continued this item to this meeting, which requires it be placed on the agenda. An additional step was added to the process, because it's important to verify the boundaries. Staff didn't have any more information to offer, other than it will meet with Edison on July 11. The money to do the design and engineering will ultimately have to be approved through the Successor Agency and Oversight Boards and approved through the ROPS, which will not become available until after January 2014. Responding to question, Mr. Hermann reiterated staff was only asking the Council to endorse the current policy, with the additional step, to have the meeting with Edison. This item did not relate directly to the residents proposed district. Further responding, he said the meeting with Edison is on July 11, and staff is asking for a continuance to August 22. Mr. Wohlmuth stated staff can provide a verbal staff report at the July 11 City Council meeting. Councilman Tanner pointed out that by adding this step to the process, it will hopefully eliminate these waiting issues for other districts going forward. It was unfortunate for Ms. Colton and Ms. Miller, because they have done a great job; however, they are the pioneers in this process. He said all those homes couldn't be undergrounded all at the same time, and probably a good thing, because Ms. Colton and Ms. Miller were only dealing with 125 homes as opposed to having to worry about 500 to 600 homes. Knowing that funds will not be available until after the first of the year, and a continuance is required in order to add this additional step, he would move to approve staffs recommendation for a continuance. Councilman Tanner moved to, by Minute Motion: 1) Continue consideration of this item to the regular City Council Meeting of August 22, 2013; 2) direct staff to add an additional step to the established City process for formation of Utility Undergrounding Assessment Districts that provides Southem Califomia Edison (SCE) with an opportunity to evaluate the technical feasibility and economic efficiency of a community -proposed district prior to a formal engineering study. Motion was seconded by Benson and carried by a 4-1 vote, with Weber voting NO. XVI. OLD BUSINESS None 26 MIN MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 XVII. PUBUC HEARINGS A. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT AND ORDER TO LEVY FOR FISCAL YEAR 2013-2014 FOR THE CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 (Continued from the meeting of June 13, 2013). Senior Management Analyst Ryan Stendell stated this was the annual approval of the Benefit Assessment District No. 1 affecting Section 29. Mayor Hamik 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. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2013 - 44, approving the Annual Engineer's Report and ordering the levy and collection of assessments within the City of Palm Desert Benefit Assessment District No. 1 - FY 2013-2014, pursuant to the provisions of the Benefit Assessment Act of 1982. Responding to question Mr. Stendell confirmed this wasn't anything new, this District was approved in the mid 2000's and staff just carried the ball forward every year pursuant to State laws governing benefit assessment districts. Councilman Tanner seconded the motion, and it carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT AND TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN THE CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2013-2014 (Continued from the meeting of June 13, 2013). Senior Management Analyst Ryan Stendell stated this was City stock of landscaping and lighting districts. Some of them have been around for a long time and others fairly recent, but there are about 35 different zones the City maintains and collects a levy from the property owners. He said this was the annual approval for that levy. Mayor Hamik 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. Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 2013 - 45_, approving the Final Engineer's Report for the Consolidated Palm Desert Landscaping and Lighting District - FY 2013-2014; 2) Resolution No. 2013 - 40, ordering the levy and collection of assessments within the Consolidated Palm Desert Landscaping and Lighting District - FY 2013-2014. Motion was seconded by Tanner and carried by a 5-0 vote. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 C. .REQUEST FOR APPROVAL OF THE PROPOSED SALE OF THE PROPERTIES LOCATED AT 42071 VERDIN LANE (APN 624-431-029), 42253 VERDIN LANE (APN 624-431-016), 74478 FALCON LANE (APN 624-430-018), AND 74670 KING FISHER CIRCLE (APN 624-440-019), PALM DESERT, PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Management Analyst Jessica Gonzales stated State law required any property that is being proposed for sale to be brought before the City Council as part of a public hearing. The public hearing was noticed for a two -week period and no comments were received. Mayor/Chairman Harnik 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. Councilman/Member Spiegel moved to: 1) Waive further reading and adopt Resolution No. HA - 5Q, approving the sale of the properties pursuant to the attached draft Purchase and Sale Agreement at the fair market value of $220,000 each; 2) City Council and Housing Authority Board, by Minute Motion, approve silent homebuyer assistance loans in amounts that do not exceed $80,000 in total for each homebuyer to ensure an affordable housing cost for a qualified low- or moderate -income household from any available funding source restricted for such purpose (BEGIN, Housing Mitigation, Agency/Housing Authority Program Income); 3) authorize the payment of transaction costs from the sale proceeds for the purpose of repairs required for closing and fees customary to real estate transactions in Riverside County, including escrow, title, FHA fees, inspections, vermin eradication, commissions, and disclosures; 4) authorize the use of the Falcon Crest Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, in their substantial form; 5) authorize the Mayor, Authority's Chairman, and/or Authority's Executive Director or his designee to finalize and execute the Purchase and Sale Agreements and any ancillary documents necessary to effectuate the sales and actions taken herewith. Motion was seconded by Tanner and carried by a 5-0 vote. D. REQUE$T FOR APPROVAL OF THE PROPOSED SALE OF THE PROPERTIES LOCATED AT 74642 KING FISHER CIRCLE (APN 624-440-017) AND 42197 VERDIN LANE (APN 624-431-020), PALM DESERT, PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Management Analyst Jessica Gonzales stated the proposed sale was noticed as a public hearing for a two -week period and no comments were received. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 Mayor/Chairman Hamik declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, she declared the public hearing glosed. Councilman/Member Spiegel moved to: 1) Waive further reading and adopt Resolution No. HA - 57, approving the sale of the properties pursuant to the attached draft Purchase and Sale Agreement at the fair market value of $225,000 each; 2) City Council and Housing Authority Board, by Minute Motion, approve silent homebuyer assistance loans in amounts that do not exceed $80,000 in total for each homebuyer to ensure an affordable housing cost for a qualified low- or moderate -income household from any available funding source restricted for such purpose (BEGIN, Housing Mitigation, Agency/Housing Authority Program Income); 3) authorize the payment of transaction costs from the sale proceeds for the purpose of repairs required for closing and fees customary to real estate transactions in Riverside County, including escrow, title, FHA fees, inspections, vermin eradication, commissions, and disclosures; 4) authorize the use of the Falcon Crest Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, in their substantial form; 5) authorize the Mayor, Authority's Chairman, and/or Authority's Executive Director or his designee to finalize and execute the Purchase and Sale Agreements and any ancillary documents necessary to effectuate the sales and actions taken herewith. Motion was seconded by Benson and carried by a 5-0 vote. ... E. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S AND EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR FISCAL YEAR 2013-2014 (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). .r Mr. Wohlmuth stated this was the 2013/2014 Fiscal Year Budget Plan, outlining anticipated Operating expenses to be $46,508,694, General Fund revenues $46,000,000, and estimated revenues $46,517,500, which leaves a balance of $9,000 between expenditures and revenues. He said 47% of the budget is for Police and Fire, which slightly increased every year. The budget maintained the City's policy of a 1-year reserve, having $62 million in the account. He believed funds will be added to the General Fund at the end of this fiscal year with Transient Occupancy Tax (TOT) revenues being up in April and May 2013. The direction in preparing the budget was to minimize the impact to Palm Desert's services, minimize the number of taxes in fee adjustments, and meeting priorities discussed in the study sessions about maintaining roads and parks, and advertising and promotions to the standards of Palm Desert. He thanked Assistant Finance Director Luis Espinoza, since Mr. Gibson was on vacation, and the Finance staff for their hard work in preparing this budget. He expressed appreciation to all Department Heads for their part in preparing the budget, which has been difficult due to downsizing both in operations and employees in the last four years. He was happy to propose this budget to the City Council, which is balanced and includes all the City's priorities. He went on to say the 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 economy was coming back, so hopefully the City can come out of the cutting mode and into being able to do exciting things in Palm Desert as it moves forward. Councilmember/Member Weber thanked everyone for all their hard work, because it had been an interesting past year. Mayor/Chairman Hamik 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. Councilman/Member Tanner moved to: 1) Waive further reading and adopt City Council Resolution No. 2013 - 47, adopting a City Program and Financial Plan for the Fiscal Year July 1, 2013, through June 30, 2014; 2) waive further reading and adopt City Council Resolution No. 2013 - 48, establishing the Appropriations Limit for the Fiscal Year 2013-2014; 3) waive further reading and adopt Housing Authority Resolution No. HA - 58, adopting a Housing Authority Program and Financial Plan for the Fiscal Year July 1, 2013, through June 30, 2014; 4) waive further reading and adopt City Council Resolution No. 2013 - 49,, setting the Salary Schedule, Salary Ranges, and Allocated Classifications for Fiscal Year 2013-2014; 5) by Minute Motion, approve Out -of -State Travel as listed in the accompanying staff report memo for same. Motion was seconded by Weber and carried by a 5-0 vote. Mr. Wohlmuth noted the motion included all the resolutions attached. Councilman Tanner concurred. Mayor/Chairman Hamik thanked everyone for their hard work, stating she knew it was a difficult process, which included three study sessions, and that was just a small portion of what was done to get this budget in order. She went on to say it was why Director of Finance Paul Gibson received a well -deserved award from the Chamber of Commerce for his work on the budget and dissolution of Redevelopment. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period June 3-14, 2013. Mr. Wohlmuth called attention to the report in the packets and offered to answer questions. With City Council concurrence, the Meeting Summaries were received and filed. 2. cgachella Valley Association of Governments Mr. Wohlmuth reported that at CVAG's General Assembly Monday night this week, Mayor Jan Hamik was appointed Vice Chair of the 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 Executive Committee for the coming year. He referred to a memo he then sent to Councilmembers about the impact this action by CVAG has on the Council's Committee Assignments made at the end of the year. He explained that CVAG's Bylaws require appointing a Chairperson and Vice Chairperson. They rotate the Vice Chair to Chair, and this year they nominated Mayor Hamik as Vice Chair, as she's the City of Palm Desert's current Executive Committee Appointee as its Mayor. He said when the Council performs its annual Mayoral Rotation at the end of the year, in order for current - Mayor Hamik to stay as Vice Chair for CVAG for the rest of their year 2013-2014, she will need to be the then -Mayor's nominee. He added that this will occur again in late June 2014 with CVAG's next General Assembly, where current -Mayor Hamik will very likely be nominated to be Chairperson of CVAG and will continue from July 2014 to June 2015. He wanted to be sure Council was aware how this will affect Palm Desert with its Mayoral Rotation and CVAG's Bylaws so that it could be addressed during the annual Council Committee Assignments later in the year. He and Councilmembers congratulated Mayor Harnik for her nomination to Vice Chair for CVAG in the coming year. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. jsy Council Requests for Action: None 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 2. City Council ConsidQIJon of Travel Requests and Reports: None 3. jy Council Committee Reports: a) S nLine Transit Agency — Councilman Spiegel reported that beginning in January there will be a route along Fred Waring Drive from Indio to Palm Desert, which he felt would be a real asset. Although as an aside, he said there will be some consternation for SunLine when Palm Desert tears up Highway 111 this summer. 4. Citv Council Comments: a) Board of Realtors Presentation — Mayor Hamik noted that today she, along with Mr. Wohlmuth and Mr. Greenwood, made a presentation to the Board of Realtors, which was well received. She thanked Messrs. Wohlmuth and Greenwood for accompanying her to the meeting and for their assistance. She added that they once again reminded everyone that as of July 8 everyone should prepare themselves for two months of construction along Highway 111. She said we can't remind people enough that the City would rather have people bragging about the good condition of its streets rather than cursing it while sitting in traffic. She encouraged everyone to spread the word about the upcoming project on Highway 111. b) Joslyn Center Presentation — Mayor Hamik referred to her earlier comments following Ms. Plick's report about the Joslyn Center under Section IX - Item C on today's agenda, that she'd made a presentation the Center recently. c) Envision Palm Desert Strategic Plan — Mayor Harnik noted that the City had the last meeting of the summer for the Strategic Plan, and the meetings will continue in September. She added that the process is really starting to come together, there are a lot of great ideas, with wonderful community support from the 100+ volunteers participating. 5. Suggested Items for Future Citv Council Meeting Agendas: None 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2013 XIX. ADJOURNMENT With City Council concurrence, Mayor Hamik adjoumed the meeting at 5:40 p.m. ATTEST: RA EL D. K► EN C CLERK CITY OF PALM DESERT, CALIFORNIA a.h.,g N C. HARNIK, MAYOR 33