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HomeMy WebLinkAbout2015-05-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 14, 2015 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Weber convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jan C. Harnik Councilman Sabby Jonathan Mayor Pro Tem Robert A. Spiegel Councilman Van G. Tanner Mayor Susan Marie Weber Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Robert W. Hargreaves, Assistant City Attorney Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager John Cortez, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 B. Conference with Legal Counsel regarding Threat to Public Services or Facilities pursuant to Government Code Section 54957: Consultation with Lt. William Sullivan, Asst. Chief, Palm Desert Police Department/Riverside County Sheriffs Department With City Council concurrence, Mayor Weber adjourned the meeting to Closed Session at 3:01 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tem Robert A. Spiegel VII. INVOCATION - Councilmember Jan C. Harnik VIII. ORAL COMMUNICATIONS - B MS. RUTH MOIR, President and Founder of the Steinway Society of Riverside County, covering the Coachella Valley, said her group serves 20,000 children annually with music. She said they were established in 2002, and when music was taken out of the schools, their group accelerated its program in order to keep music in the schools for the children. Today, she wished to again thank the Council for the wonderful recognition she received at the AFP (Association of Professional Fund- raisers) event last November, noting she was overwhelmed by the thought of the City proclaiming a "Ruth Moir Day" and expressing sincere appreciation to each Councilmember for the honor. Further, she was even more grateful for the recognition received by the Steinway Society and its mission — providing music education to children in order for them to gain skills that will help them, not only to graduate from high school, but stay in school and go on to become productive citizens. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 MR. DAVID HOAK, Vice President of the Silver Spur Ranch Homeowners Association Board, Palm Desert, stated that all of what they call their common area property is owned by the City (i.e., streets, median on Silver Spur Trail, etc.), particularly the circle that bisects Silver Spur Trail. Their deal with the City going back as long as anyone can remember in the governing documents is that Silver Spur HOA takes care of the landscape, tree pruning, lighting maintenance — basically, maintaining the look of it in general. However, he said they do not place or construct anything on City property; on the circle there are currently two very old and dilapidated benches that have become unsafe. Silver Spur would like to continue to have seating in the circle but didn't want to place anything on City property without the proper authorizations. Therefore, the Board asked him to approach the City with the idea of replacing the dangerous fixtures with sturdy concrete benches similar to those in Ironwood Park and on other City property. He was aware that the Council could not take action today and would be taking the request under advisement. He reiterated that it was their desire to continue to have seating in the circle and replace the existing fixtures that have become dangerous. Mayor Weber thanked Mr. Hoak for coming forward and assured him that City staff would be back in touch. MS. NIKOHL VANDEL, Palm Springs, CA, said she was inspired by Pope Francis' comments yesterday and called attention to the plight of the Palestinian people. She related that in history, society and civilization continue to laud over one another whenever there is the chance to do so, until someone says no. She said if people are empowering a global reality, like the United Nations, the Organization of the American States, the European Union, etc., how are they also allowing the atrocities occurring in Palestine to go unchecked. It scared her to think that Christians would be so unyielding that they would oppress another human being in another nation, because that was not how she was taught. That was why she was grateful that someone in a position of power like Pope Francis came forward to say it isn't right. She contrasted this situation to what was going on in the U.S., where unauthentic authority is asserting power and control over people because they think they can do so, only because other people haven't told them they may not. She said someone with a uniform does not automatically have power over her; it does not allow a first responder or peace officer to preempt any action by someone who may presumably do something. She encouraged anyone with a voice with any of those people to say to their fellow officers or anyone under their command that if they plan to come back after shooting an unarmed person because they feared for their life, then they may not be allowed to wear that uniform anymore. MR. NATHAN MILLER, Building Industry Association (BIA), Riverside, CA, noted that he attended the last City Council Meeting where the matter of inclusionary zoning was discussed. They appreciated the opportunity they were given to work with City staff and come up with something that everyone will agree is a more reasonable solution. He said there is a meeting scheduled for 1:30 p.m. tomorrow 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 with Director of Community Development Lauri Aylaian, and they're looking forward to it. They hoped for a productive outcome, noting that he'd already forwarded several pieces of information, including a document from the National Association of Home Builders with data showing where inclusionary zoning works, where it doesn't, and what other great alternatives are out there. He said they're hopeful that they'll find a comprehensive solution when they meet with Ms. Aylaian, along with representatives of the Desert Valleys Builders Association, and he again thanked Council for allowing that time. He went on to introduce Mr. Clinton Lorimore, who the BIA is contracting with to aid their organization in the desert area in order to expand their presence here, along with some other folks who will be joining their organization in this same outreach. He said BIA looks forward to working with the City to a greater extent in the future. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, MAY 14, 2015, AS "KAYLIE CHEN DAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Weber presented the proclamation to Ms. Chen and heartily congratulated her many accomplishments, both as a student and volunteer locally, and as she heads off to college at Yale University in the fall. Ms. Chen graciously accepted the proclamation, noting it was the most amazing honor she'd ever received. She related that she definitely wouldn't have been able to accomplish any of the things that were just read aloud without the support of her family or the City of Palm Desert. She had been very lucky to go to school here and be a City Youth Committee Member for the past five years. She credited all these experiences with bringing her to where she was today. Councilman Jonathan extended sincere congratulations to Ms. Chen and pointed out that the City was not only proud of her but of Palm Desert High School — a great resource that was annually ranked as one of the top high schools in the entire nation. The City was very fortunate to have such a fine school that helps students like Ms. Chen achieve so much and aspire to such great heights. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 B. REQUEST FOR ACCEPTANCE OF LETTERS OF RESIGNATION FROM SEVEN (7) PALM DESERT YOUTH COMMITTEE MEMBERS, ONE (1) ALTERNATE MEMBER, AND APPOINTMENT OF SIX (6) NEW MEMBERS TO THE PALM DESERT YOUTH COMMITTEE. Management Analyst and staff liaison to the Youth Committee Deborah Schwartz Glickman stated that as is expected every year at this time, currently there are seven seniors on the Youth Committee graduating from high school soon, leaving the Committee, and going on to great schools and great things ahead of them. In their place, a recommendation to appoint the six students who are currently Alternates to the Committee is requested, and staff will continue to seek another regular member to complete the membership for the coming year. Councilmember Harnik moved to, by Minute Motion: 1) Accept letters of resignation from Palm Desert Youth Committee Members Roman Bloch, Kaylie Chen, Michelle Dan, Yung Kim, Jessica Kozlak, Jozanne Murphy, Donavon Sandoval-Heglund and Alternate Jack Shannazarian; 2) appoint Maira Ahmad, Aiden Brossfield, Lily Kim, Abigail Sanford, Uriah Shaw, and Cloe Wood to the Palm Desert Youth Committee for the balance of the one-year terms of the resigning Members (December 31, 2015). Motion was seconded by Spiegel and carried by 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 23, 2015. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 235, 238, 239, and 244. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meeting of April 7, 2015. 2. Youth Committee Meeting of March 2, 2015. Rec: Receive and file. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 D. 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 (July, August, and September 2014 Records). Rec: Waive further reading and adopt the following Resolutions to authorize destruction of files that have been digitally imaged: 1) No. 2015 - 29 - July 2014 Records; 2) No. 2015 - 30 - August 2014 Records; 3) No. 2015 - 31 - September 2014 Records. E. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU) with the Bureau of Land Management for Ranger Services and Trail Maintenance Costs for the City's Hiking Trails and Open Spaces (Contract No. C34350). Rec: By Minute Motion, authorize the Mayor to execute the subject MOU with the Bureau of Land Management (BLM) for a three-year period beginning July 1, 2015 - June 30, 2018, with a total annual cost of $40,000 — funds have been budgeted in Account No. 110-4610-453-3092 - Parks Contract Services for FY 2015-2016. F. REQUEST FOR AUTHORIZATION for the Mayor to Enter Into a One-year Lease Agreement with Thrive On for Office Space No. 7 at the Portola Community Center, 45480 Portola Avenue, Palm Desert (Contract No. C34360). Rec: By Minute Motion, authorize the Mayor to enter into a one-year Lease Agreement with Thrive On, Palm Desert, California, for Office Space No. 7 at the Portola Community Center. G. REQUEST FOR AUTHORIZATION to Purchase a 2016 Ford Fusion-S from Redlands Ford, Inc., in the Amount of $19,691.42. Rec: By Minute Motion: 1) Authorize purchase of a 2016 Ford Fusion-S from Redlands Ford, Inc., Redlands, California, in the amount of $19,691.42; 2) appropriate $19,691.42 from Unobligated Equipment Replacement Fund to Account No. 530-4195-415-4030 - Fleet Replacement. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 H. REQUEST FOR AUTHORIZATION to Purchase a 2015 Ford Flex from Redlands Ford, Inc., in the Amount of $27,983.97. Rec: By Minute Motion: 1) Authorize purchase of a 2015 Ford Flex from Redlands Ford, Inc., Redlands, California, in the amount of $27,983.97; 2) appropriate $27,983.97 from Unobligated Equipment Replacement Fund to Account No. 530-4195-415-4030 - Fleet Replacement. I. REQUEST FOR AUTHORIZATION to Purchase One Flatbed Pickup Truck from Fairview Ford in the Amount of $43,204.02. Rec: By Minute Motion: 1) Authorize purchase of one flatbed pickup truck from Fairview Ford, San Bernardino, California, in the amount of $43,204.02; 2) appropriate $43,204.02 from Unobligated Equipment Replacement Fund to Account No. 530-4195-415-4030 - Fleet Replacement. J. REQUEST FOR EXTENSION of Contract with The Printing Place for Printing of the Bimonthly Bright Side Newsletter for Fiscal Year 2015-2016. (Contract No. C33461). Rec: By Minute Motion, approve a one-year extension of the subject contract with The Printing Place, Palm Desert, California, for bimonthly printing of the Bright Side Newsletter in the amount of $31,909.86 for FY 2015-2016, as provided for in the contract — funds are included in the proposed Budget for FY 2015-2016 in Account No. 110-4417-414-3026. K. REQUEST FOR APPROVAL of $33,600 Expenditure for Postage to Deliver the Bright Side Newsletter in Fiscal Year 2015-2016. Rec: By Minute Motion, approve the expenditure of $33,600 for the United States Postal Service to cover a year's worth of postage for mailing of the bimonthly Bright Side Newsletter — funds have been included in the proposed Budget for FY 2015-2016 in Account No. 110-4417-414-3026. L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C33370 — Traffic Signal LED Indication Replacement Project (Project No. 586-14) (Sierra Pacific Electrical Contracting, Inc., Riverside, 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. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C33670 — 2014 Internally Illuminated Street Name Sign (IISNS) Upgrade Project (Project No. 569-14) (Sierra Pacific Electrical Contracting, Inc., Riverside, 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. N. CONSIDERATION of the Palm Desert Legislative Review Committee's Recommendation to Provide a Letter of Support for AB 1019 (Garcia) - Metal Theft and Recycling Crimes. This item was removed for separate consideration under Section XI - Consent Items Held Over. Please see that portion of the minutes for resulting discussion and action. Councilmember Harnik requested that Item N be held over for separate discussion and action. Upon a motion by Spiegel, second by Tanner, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER N. CONSIDERATION of the Palm Desert Legislative Review Committee's Recommendation to Provide a Letter of Support for AB 1019 (Garcia) - Metal Theft and Recycling Crimes. Councilmember Harnik said in reading the proposed legislation, she noted many great provisions, especially since metal theft has been a large and expensive issue in our communities. However, she wondered whether or not metal/scrap dealers obtained identity information in order to track the sellers, because she didn't see it specifically addressed here, and if the City should make such a request in its letter. Mr. Wohlmuth answered that when they're buying materials, scrap dealers are currently required to obtain and make copies of the identification provided by sellers, along with taking a photo. Councilmember Harnik was glad to hear that protection was already in place. She further inquired to whom that information was provided, and Mr. Wohlmuth said the scrap dealer holds the information until a problem is identified by police, and then they go through those records. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 Councilmember Harnik moved to, by Minute Motion, concur with the recommendation of the Legislative Review Committee and authorize the Mayor to send a letter of support for AB 1019 (Garcia). Motion was seconded by Tanner and carried by 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XII. RESOLUTIONS A. RESOLUTION NO. 2015 - 32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 02-01, AND APPROVING THE CITYWIDE RECORDS MANAGEMENT PROGRAM AND RETENTION SCHEDULES FOR THE CITY OF PALM DESERT. Ms. Klassen stated that the City Clerk's Department serves as the City's Custodian of Records. The City does not have a centralized Records Management Program; each Department is responsible for retaining their critical records and maintaining a system for doing so. Staff found that things were becoming more complex, laws were changing, records, and the manner in which they were both created and maintained, was also changing. Therefore, staff requested and received approval of a contract with Diane Gladwell, Records Management expert and Master Municipal Clerk (MMC) by trade, now an independent consultant for governmental services. Ms. Gladwell spent a full two days with all of City staff; since that time, Clerk's staff has been working with her by both telephone and e-mail, along with key staff identified from each Department, to provide input for development of a custom Records Retention Schedule for the City of Palm Desert, presented here for adoption. She said it identifies records in all Departments, a comprehensive program that the City didn't have previously. It will help the City going forward, in ways such as identifying duplicate records that may be on file with many Departments that can be destroyed after the appropriate period of time, with the originating Department then having responsibility for archiving. Councilman Tanner indicated his support of this resolution, congratulating staff for being fiscally responsible in saving time and space with this endeavor. Ms. Klassen agreed it will be beneficial and thanked Deputy City Clerk Grace Mendoza for her help with the project, and particularly Records Technician M. Gloria Sanchez for the yeoman's job she did in coordinating this effort. Councilman Tanner moved to waive further reading and adopt Resolution No. 2015-32. Motion was seconded by Spiegel and carried by 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 B. RESOLUTION NO. 2015 - 33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A PARKS AND FACILITIES NAMING POLICY FOR THE CITY OF PALM DESERT. Senior Management Analyst Ryan Stendell said this and the next item on the agenda, Resolution No. 2015-34 - Sports Facilities Use Policy, related to policies that have been reviewed by the City's Parks & Recreation Commission over the past several months. He said if approved tonight, the subject Resolution will establish a City Parks and Facilities Naming Policy, setting some basic guidelines for the naming requests that come in a couple of times per year. If appropriate and consistent with the Policy, requests would be processed through the Parks & Recreation Commission, with ultimate approval being given by City Council. He referred to the staff report and draft policy contained in the agenda packets and offered to answer questions. Responding to question as to why such a policy was needed, Mr. Stendell reiterated that requests have been made over the past several years — from anything as simple as naming a park bench, all the way up to naming a baseball field or the Aquatic Center. Currently, without a policy in place, requests can still be fielded, but staff felt it would be better to have something concrete; and as the City gets older, it would be wise to establish some criteria (e.g. persons of importance, geographical regions, potential corporate sponsorships, etc.). With regard to corporate sponsorships, he noted that the proposed policy was careful to include language about not over -commercializing the City's parks, yet was flexible enough for Council to review them for consistency with the City's goals, such as from a revenue standpoint. He added that staff sees the proposed policy as a management tool, referring to the printed report's mention that previously the naming of items has sometimes been applied inconsistently — a fountain here, a tree or bench there — without formal process being followed. This leads staff to being in a position of having no record to follow if someone calls and asks about a tree that was dedicated to a family member. Establishment of this policy for future naming would set forth the process, it would be documented with the City Clerk and filed for future reference. Upon being asked for his feeling about a policy that would prohibit all naming of such facilities, he agreed that was also an option. Councilman Tanner moved to waive further reading and adopt Resolution No. 2015-33 as presented. Motion was seconded by Councilmember Harnik for purposes of discussion. Councilman Jonathan remarked that even in his short time as a liaison on the Parks & Recreation Commission, he'd observed that Commissioner 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 Kim Housken is very thoughtful and noted that according to the staff report, she had an objection to corporate sponsorships. He asked about the nature of her concern. Mr. Stendell replied that if it was up to her, corporate sponsorship would be entirely prohibited; she didn't find that it had any redeeming qualities and was quite vocal about this. He confirmed that it was her personal philosophy. Councilmember Harnik understood and agreed that a corporate naming would be required to rise to a higher standard. This notwithstanding, she said the one thing causing her concern was under the policy's "Terms and Conditions, Item No. 3 — Unless otherwise provided in a naming agreement, City reserves the right to change or delete a naming in its absolute discretion." She felt the City should always retain that right. Mr. Stendell concurred and said that language was included in response to Commissioner Housken's second comment regarding a morality clause. That being, if something was named for an individual in the community that later was found to have done something nefarious, the naming would be reconsidered. He offered that the phrase, " , "could be stricken, leaving, "City shall reserve the right to change or delete a naming in its absolute discretion." Councilmember Harnik agreed with this modification, adding that the City should absolutely retain that exclusive right. She asked to offer a friendly amendment to the motion to approve. Councilmember Harnik moved to waive further reading and adopt Resolution No. 2015-33 - the Parks and Facilities Naming Policy, as amended, to reflect the following language change under Exhibit "A's" section entitled Terms and Conditions, Item No. 3, as follows, deleting " , , A," and leaving "City shall reserve the right to change or delete a naming in its absolute discretion." Amended motion was seconded by Tanner and carried by 4-1 vote (AYES: Harnik, Jonathan, Tanner, and Weber; NOES: Spiegel). 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 C. RESOLUTION NO. 2015 - 34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A SPORTS FACILITIES USE POLICY FOR THE CITY OF PALM DESERT. Mr. Stendell noted that this represents the second of the policies being recommended by the Parks & Recreation Commission. He said the City has a large stock of sports facilities — baseball and soccer fields, football facilities — and the policy that's been drafted was intended to mirror what was believed to be the City's longstanding Sports Facilities Use Policy. Moreover, it defines the user groups between that of youth sports and higher, club -level teams, defines the users of adult leagues, then provides a priority of use for each category that would be using the fields. Staff believes that City Council's intent over the years has been to provide fee -free space to all youth sports activities, given an understanding of youth sports' importance in the community. He reiterated that the Policy has been drafted to model these historical standards. Further, he said as with the prior item regarding Parks and Facilities Naming, there has never been an official policy adopted, and doing so would aid staff in applying it in the future. He confirmed that the Parks & Recreation Commission has reviewed the policy and recommended it unanimously, adding that a stakeholders meeting was also convened to review, including Desert Recreation District having a prominent role, and all parties recommended approval. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 2015-34 - Sports Facilities Use Policy. Motion was seconded by Jonathan, who thanked Mr. Stendell for his patience and diligence in overseeing this very inclusive process to completion, and it carried by 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XIII. ORDINANCES A. For Introduction: None 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 B. For Adoption: 1. ORDINANCE NO. 1284 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 8.16 - SOLID WASTE, SECTION NO. 8.16.010 - DEFINITIONS, AND ADDING SECTION NO. 8.16.110 - TAX ROLL BILLING. Ms. Riddle offered that today's consideration represented second reading of the Ordinance to authorize the City to place trash fees on the property tax roll for non -master billed residential properties. She confirmed that the first reading was unanimously approved at Council's last meeting. Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1284 regarding Solid Waste and Tax Roll Billing. Motion was seconded by Tanner and carried by 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO M & M SWEEPING, INC., IN THE AMOUNT OF $279,630 FOR A 24-MONTH CONTRACT FOR COMMERCIAL AND RESIDENTIAL STREET SWEEPING SERVICES (CONTRACT NO. C34240). Mr. Greenwood recalled that at Council's last meeting he'd made his opinion pretty well known regarding the effectiveness of mechanical street sweeping. Nonetheless, even though relatively ineffective, it is the best method available for removing debris from the street. Additionally, he said the City is required by at least two different environmental regulations, Water Quality and Air Quality Management — each of them with an entire environmental agency behind them, to have streets swept and/or have debris removed from them. The subject mechanical street sweeping contract is the best way to do this, and staff recommended approval. Councilman Tanner moved to, by Minute Motion: 1) Award subject contract to M & M Sweeping, Inc., Thousand Palms, California, for Commercial and Residential Street Sweeping for a 24-month period in the amount of $279,630 ($139,815/year); 2) authorize Mayor to execute said contract — funds are available in General Fund Account No. 110-4310-433-3320 - Street Repair and Maintenance. Motion was seconded by Spiegel. Councilman Jonathan clarified for the record that he would be voting no on the motion, because as stated previously, he felt there was a better way to 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 do this. He believed that street sweeping creates more pollution, dust, particles, and problems than it solves. Mayor Weber called for the vote on the motion to approve a 24-month contract for Commercial and Residential Street Sweeping Services with M & M Sweeping, and it carried 4-1 (AYES: Harnik, Spiegel, Tanner, and Weber; NOES: Jonathan). B. REQUEST FOR AWARD OF CONTRACT TO ANDERSON AIR CONDITIONING L.P. IN AN AMOUNT NOT TO EXCEED $107,091 FOR THE CIVIC CENTER H.V.A.C. REPLACEMENT PROJECT 2015 (CONTRACT NO. C34310). Mr. Greenwood commented that as the Civic Center and City Hall ages, so do the respective mechanical systems, with an annual number of 10-15 HVAC replacements being the norm. He said this year staff was trying to be a little more proactive and replace units that are aged out and on the verge of failing. Responding to question about there being only one local bidder who came in 10% higher than the lowest bid, he said staff did advertise the project in the normal fashion and also sought out bidders. Upon further inquiry about recommendation to reject the low bid based on failure to submit a subcontractor, Mr. Greenwood answered that it was an error on the bidder's part that couldn't be waived per Public Contracting Code. Councilman Tanner moved to, by Minute Motion: 1) Reject the low bid by F. M. Thomas Air Conditioning, Inc., Brea, California, as non -responsive; 2) waive minor bid irregularities in the bid submitted by Anderson Air Conditioning L.P., Fullerton, California; 3) authorize award of the subject contract to Anderson Air Conditioning L.P., Fullerton, California, in an amount not to exceed $107,091 for the Civic Center H.V.A.C. Replacement Project 2015; 4) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $10,709.10; 5) appropriate $117,800.10 (base bid plus contingency) and an additional $3,000 for miscellaneous electrical repairs that may be required, for a total of $120,800.10 from Unobligated General Funds to Account No. 110-4340-413-3310; 6) authorize the Mayor to execute the contract. Motion was seconded by Spiegel and carried by 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 NOTE: THE FOLLOWING ITEM WAS MODIFIED FROM ITS ORIGINAL POSTING BY AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. C. REQUEST FOR AUTHORIZATION TO REJECT ALL BIDS FOR THE HIGHWAY 111 RIGHT TURN TO WESTBOUND FRED WARING DRIVE PROJECT AND FOR STAFF TO RE -ADVERTISE AND CALL FOR BIDS (CONTRACT NO. C34320, PROJECT NO. 659-14). Mayor Weber called specific attention to the amended title and recommendation for this item from that which appeared on the original agenda. Mr. Greenwood explained it was unfortunate staff made a significant error in its bid for this project, in that it neglected to include specification for the traffic signal controller cabinet. It was a substantial part of this project that could really affect outcome of the bid and would also likely subject the City to a significant change order. He apologized to both City Council and Granite Construction, along with the bidding community, for the omission that was entirely staffs fault and asked to be able to go out to bid again. Councilmember Harnik moved to, by Minute Motion, authorize: 1) Rejecting all bids received for the subject project, Highway 111 Right Turn to Westbound Fred Waring Drive; 2) staff to re -advertise the project for construction — funds are available in Measure "A" Account No. 213-4438-433-4001. Motion was seconded by Spiegel and carried by 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). D. REQUEST FOR AUTHORIZATION FOR THE MAYOR TO EXECUTE A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON (SCE) AND FOR STAFF TO ADVERTISE FOR BIDS FOR THE GENERATOR RELOCATION PROJECT AT THE JOSLYN CENTER (CONTRACT NO. C34370). Mr. Greenwood reported that with recent improvements at the Sheriff's Substation located at the Civic Center, there was an emergency generator taken out of service and replaced with a larger unit for that facility. Although several years old, he said it has very few operating hours on it, because there haven't been any extensive emergency power outages. Therefore, staff wanted to try to re -purpose the equipment, and Joslyn Center was identified as a location that could benefit with its designation as a cooling center. However, he said there was a significant cost involved in this project — the generator has to be sent out of the Coachella Valley for emissions upgrades, then brought back and reinstalled. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 Councilman Tanner noted that the request for appropriation of $180,000 was probably substantially less than the cost of a new generator in order for the Joslyn Center to maintain its cooling center during a power outage. In response, Mr. Greenwood said it was somewhat Tess. He explained that the upgrade is significant, but staff was attempting to take a completely serviceable piece of equipment and keep it in service rather than just dispose of it. Further responding, he was unsure of the cost of a new generator without actually bidding for it, but staff suspects the cost would be around $200,000. He believed the subject generator proposed for relocation was around 20 years old but had very few operating hours on it. Upon inquiry about Joslyn Center asking for this piece of equipment, he said they didn't ask, the City approached them first; but upon being asked, indicated their desire to obtain the equipment. In answer to further question about the difference in cost between relocating the old equipment and purchasing a new one being only $20,000, he said the two amounts represented his very raw estimate. Upon inquiry about whether the Cove Cities would share in the cost of this project, Mr. Wohlmuth said they haven't been asked yet. Originally, the idea came up as a result of researching who owned the subject generator, County of Riverside or the City, and it was determined to be City property. Riverside County was going to purchase a new generator for the Sheriffs Substation and 9-1-1 system there. Subsequently, he asked Public Works to look at relocating the old generator to the Joslyn Center and find out the whole cost (i.e., relocating, installing the electrical hook-ups), since it serves as a cooling center and is probably one of the most popular in the City if a power outage occurs. He hadn't anticipated that the cost to take an old generator and relocate it to the Joslyn was going to be this expensive, adding that he'd certainly go before the Cove Commission to present the matter. Mayor Pro Tem Spiegel felt it would be appropriate to first take the matter to the Cove Commission for their participation and continue this item on Council's agenda. Councilmember Harnik also felt it would be prudent to look at what a new generator would cost with 20 years' newer technology. Upon inquiry by Councilman Tanner about any guaranty that would be provided after the old generator is outfitted with emissions upgrades, Mr. Greenwood believed a one-year warranty would be offered. However, he pointed out that all of the City's generators are of this vintage, about 20 years old, including those at City Hall and the Corporation Yard. Just because they're that old didn't mean they're not serviceable; they're hardly 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 used. In this instance, he felt it was worthwhile to renovate the existing generator. Mayor Pro Tem Spiegel believed there were too many unanswered questions and moved to, by Minute Motion, continue the item to a date uncertain in order to first check with the Cove Commission about participation and also determine cost of a new generator for the Joslyn Center. Motion was seconded by Harnik. Upon inquiry by Councilman Jonathan about the new generator at the Sheriffs Substation installed in 2013, Mr. Greenwood confirmed that installation was for emergency power in the event of a power outage only to keep the Sheriffs operation running at the Substation, not to provide a cooling center. Further responding, he said there were other cooling centers in the City, including one at the Desert Recreation District's Palm Desert Community Center. Mr. Wohlmuth went on to say in addition to the Desert Recreation District facility in the City, there is also potential to use Palm Desert High School. While there is not a generator installed there, the City has a portable unit, and there is an improved connection available for it at the High School if needed. Responding to further question about whether or not the need had been established for another cooling center at the Joslyn Center, he said that Riverside County established the Joslyn Center as a cooling station many years ago; it just doesn't have emergency power. He pointed out that by establishing Joslyn as a cooling center, Southern California Edison treats it similarly to that of a hospital during a power outage — one of the last places to be taken offline in a brown -out. Therefore, because Edison has power grid redundancy in the City, unless the power outage is immediately adjacent to Joslyn Center, it is unlikely to be without power. But it was felt that having a generator there would help further secure the site's ability to serve as a cooling center. Councilman Jonathan suggested that as the City evaluates this proposal that it incorporate the question of whether or not it needs to spend $180,000 - $200,000 on this project, especially since the City already has two cooling areas with emergency generators. Mayor Weber called for the vote on the motion to continue the matter of relocating and installing an emergency power generator at the Joslyn Center and directing staff to explore related concerns to a date uncertain, and it carried by 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner and Weber; NOES: None). 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 E. REQUEST FOR APPROVAL OF THREE-YEAR CONTRACT IN THE AMOUNT OF $686,577 FOR ANIMAL CONTROL FIELD AND SHELTER SERVICES WITH THE COUNTY OF RIVERSIDE COMMUNITY HEALTH AGENCY, DEPARTMENT OF ANIMAL SERVICES (CONTRACT NO. C34380). Code Compliance Supervisor Pedro Rodriguez referred to the printed staff report for this item, pointing out that in previous years, the City has had two separate contracts with the County for Field Services and Shelter Services, respectively. The subject consideration represents a combined contract. He noted that the current contract the City has for services expires on June 30; but with Council's approval today, a new contract will commence on July 1 for three years. He added that it would be funded on a yearly basis as the City goes through its budgeting process, with funds already having been requested for the coming Fiscal Year 2015-2016. Responding to question about the City of Palm Desert joining with other Coachella Valley Cities for the Sheltering Services and the cost being over $200,000 for three years, he said that amount represented Palm Desert's cost. Each city pays independently based on its total intake or impounds at the Shelter over a three-year period; if the City's intake is less in three years, the amount would be Tess, and vice versa if there's a higher intake. Further, in response to question about the City's contractor prior to it being the County and if any consideration had been given to seeking another provider, he said back in the 1990s, the City contracted with California Animal Care, which was the only other local provider at that time. To the best of his knowledge, County of Riverside is the only provider of these services currently, and there would be no other agency to compare against. Mayor Pro Tem Spiegel moved to, by Minute Motion, approve the subject contract with County of Riverside Community Health Agency, Department of Animal Services, for the provision of Animal Control Field and Shelter Services from July 1, 2015, to June 30, 2018, subject to termination by either party with 180 days' notice (Base Contract amount is $228,859 for each of Fiscal Years 2015-2016, 2016-2017, and 2017-2018) — funds are available in the proposed FY 2015-2016 Budget for Professional Services, Account No. 110-4230-442-3090, funding for subsequent years will be appropriated with the annual budget, if available. Motion was seconded by Harnik and carried by 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). F. REQUEST FOR AUTHORIZATION TO INITIATE PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR FISCAL YEAR 2015-2016 FOR THE CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 01. Mr. Gibson stated that this and the following item have to do with the annual levy of assessments, which requires setting a public hearing date and time 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 at an upcoming meeting, and is the action requested here. He affirmed that the matter will come back before City Council for approval. Councilmember Harnik moved to waive further reading and adopt Resolution No. 2015 - 35, declaring intention to levy the annual assessment for FY 2015-2016 for the City of Palm Desert Benefit Assessment District No. 01, pursuant to the Benefit Assessment Act of 1982, and appointing a time and place for the public hearing on these matters. Motion was seconded by Spiegel and carried by 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). G. REQUEST FOR AUTHORIZATION TO INITIATE PROCEEDINGS TO LEVY AND COLLECT ANNUAL ASSESSMENTS FOR THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2015-2016, AND GRANT PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2015-2016. Mr. Gibson noted that the action being requested here was to set the date and time of a public hearing at an upcoming meeting, and the actual approval of the levy would come back before City Council. Councilmember Harnik moved to waive further reading and adopt: 1) Resolution No. 2015 - 36, initiating proceedings for the levy and collection of annual assessments for the Palm Desert Consolidated Landscaping and Lighting District, FY 2015-2016; 2) Resolution No. 2015 - 37, declaring the intent to levy and collect annual assessments for the Palm Desert Consolidated Landscaping and Lighting District, and granting preliminary approval of the Engineer's Report for FY 2015-2016. Motion was seconded by Spiegel and carried by 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). H. DISCUSSION OF THE ADOPTED PLASTIC BAG ORDINANCE AND REGULATIONS. Principal Planner Tony Bagato acknowledged that the subject discussion was requested at the last Council Meeting. He provided history of the Single - use Plastic Bag regulation, beginning in 2010 with Council's adoption of the City's Environmental Sustainability Plan. In the Plan, under Waste Management Systems, it talked about embracing a "cradle -to -cradle" approach to materials management, from manufacturing to disposal and reuse. He explained that "cradle -to -cradle" meant working toward a no - disposal -type system, looking at reuse, and trying to create a "net zero" approach to materials management. With regard to how plastic bags became an issue related to the Sustainability Plan, Mr. Bagato said statistics show an average of 500 bags being used per 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 person/year, and when staff applied this figure to Palm Desert's current population, it resulted in a total of 22 million bags annually. It is estimated that 5% - 10% of those are recycled or reused, with the remaining bags ending up in the landfill — clogging up machines in the waste management system when not recycled — and also as litter in the environment. In response, in 2011 the City Council asked staff to look at the impact of plastic bags and do further research for ways to control their harmful impacts. Community stakeholders were engaged through the business community, retailers, grocers, as well as reaching out to University of California, Riverside (UCR), and holding events where the video entitled "Bag It" was shown. He said the City's Sustainability and Youth Committees were engaged, which both supported the effort, and over several years, at the further direction of City Council, an ordinance was drafted and taken to CVAG (Coachella Valley Association of Governments). At that time, Council didn't believe taking on the issue as an individual city in the Coachella Valley would be effective and should be a regional effort instead. Upon being approached, CVAG wasn't interested, but as the issue progressed in other cities and counties throughout California, CVAG's Technical Advisory Committee asked for it to be studied. This was followed by CVAG's working with Palm Desert's Citizens' Sustainability Committee, as well as with Palm Springs' Sustainability Commission, and preparing a model ordinance that went through CVAG's approval process, then was presented to each city for adoption. Mr. Bagato added that when CVAG was going through their approval process, they were supported by Burrtec Waste and Recycling Services, because not many of these bags were being recycled. Even if they were recycled, Burrtec stated that there wasn't a market for them; they were sitting in waste containers, in addition to getting into the landfill and clogging those machines, as well as into the environment. He said there was also support from the California Grocers Association with letters on file, including the letter submitted for today's consideration in support of retaining the City's ban. There was also support from the California Realtors Association, and the Citizens' Sustainability Committee supported it in 2011 and continues to do so. He went on to report that the City's "Envision Palm Desert" Strategic Plan included an Environmental and Energy component; although the Plan itself didn't specifically address plastic bags, it was discussed at great length by Committee Members who supported the City's progress made on that issue. The "Envision Palm Desert" Strategic Plan was adopted by unanimous City Council vote last year. Over the last year and a half, staff has been educating the public — residents, businesses, and visitors — to get them ready for the Plastic Bag Regulation. Council approved a targeted promotion program, including fliers for stores to post to alert people to the change, and staff has hosted reusable bag 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 giveaways following the City's purchase of 10,000 Chico bags, of which only about 1,000 remain. Additionally, around 5,000 other bags were given away through 24 special events in front of multiple stores, some of which, like Walmart Neighborhood Grocery and Westfield Palm Desert, asked for multiple events of this type since it was very successful for those retailers. Mr. Bagato offered that for today's discussion, staff was asked to provide a present-day evaluation and whether or not the regulation should be continued. Mainly, he said it goes back to the cradle -to -cradle approach; these ordinances with pass -through charge have shown that over a one year period, 90% of consumers start bringing reusable bags, which is the end goal — promoting a net zero policy toward plastic bags. Relative to continued community support, staff acknowledges that it has received concerns from the public about the Ban; but there was also a great deal of support that had gone unnoticed until this item appeared on the agenda, with several letters of support being received since. He noted that there were also 139 jurisdictions in the State of California that have approved a similar ban — 100% of them apply to grocers, with about 80% of those ordinances also applying to retailers. In discussions with retailers, they're used to this regulation being in effect in other parts of the State, and they're okay with it. It's not as surprising to them as it is to our residents, but the retailers want consistency. Additionally, staff believes there would be negative impacts with trying to halt it. Palm Desert's ordinance is different from others approved in the Coachella Valley, because it eliminated the 10¢ charge from retail; whereas, the model ordinance included the charge across the board. He said this has caused some confusion, and staffs been trying to explain it to both merchants and customers. Suspending or stopping the existing Ordinance will lead to even greater confusion. Further, companies have called him to say they've already transitioned away from the thin plastic bags and either purchased paper or thicker plastic bags, and they'll lose the investment on their inventory, which he agreed is a valid concern. Staff also believes that sooner or later consumers will adapt. Many of Palm Desert's retailers and the shopping experience itself are unique in the Coachella Valley; because of this fact, staff believes they will be minimally impacted. He acknowledged that grocery stores will likely suffer some initial impact, as highlighted in the printed report; but over time with more gas being spent to drive to another jurisdiction, people will adjust and will continue to shop Palm Desert's grocery stores. Lastly, Mr. Bagato commented there was another impact that is not covered in the printed report — the California Environmental Quality Act (CEQA). It is an issue if the City tries to stop its Plastic Bag Ban, because the City performed an initial study and declared a negative environmental impact by approving the Ban. Reversing it would require performing another CEQA analysis and provide a method for mitigating impacts from reintroducing 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 plastic bags in the City. Staff anticipates this would take between two and six months and an undetermined cost, depending on the level of environmental review required, reiterating that the City would then have to mitigate impacts it had eliminated. He again referred to the printed staff report for the list of cities with bans throughout the nation, along with a checklist of factual questions that staffs received in an effort to help educate the public and provide Council with more information to support continuation of the Ban. Councilman Jonathan noted Mr. Bagato's reference to the early confusion experienced by retailers, such as Macy's and JC Penney, charging for bags over the great objections of their customers, and making statements to the effect that the City's requiring it. He asked if those retailers had been informed of those mistakes and become better educated. Mr. Bagato replied that staff has approached and told them on several occasions; however, he understood that some of the corporate stores, like the aforementioned, wanted to continue to charge as a revenue source. He added that staff advises them to explain to the public that it's the store's choice, not the City's requirement. City consultant D&B Visions has been working hard, going out to all the retail stores again to verify which ones may be charging to let them know it's not required. He confirmed that staff will continue to monitor the situation. Councilman Jonathan went on to say he'd also observed the 8Y2" x 11" posters at grocery store checkout lanes that provide an explanation of the 10¢ charge not being a new tax for the City but intended to offset the store's cost for the bags. He asked if those were posted throughout the City. Mr. Bagato offered to get more of those posters out to the retailers. Initially, he said staffs focus was on grocery, because it was the highest volume of bags used. Further responding, he said grocery stores were given the large fliers to place on their windows, offering to provide the smaller size to post at their checkout stands. He said there was definitely a lot of education involved in this effort, pointing out that the smaller stores will become subject to the regulation in October 2015. Mayor Weber stated that the City Council had received 12 pieces of correspondence, letters and e-mails, etc., all in support of continuing the City's Ban on Single -use Plastic Bags. MS. LAURA PERALTA, Director, Local Government Relations, Southern California, California Grocers Association (CGA), Burbank, CA, said theirs was a non-profit Statewide trade association representing over 500 retailers. She stated that all of their members throughout California have had to face 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 the issue of instituting a ban, either through Senate Bill 270 or a local ordinance. She acknowledged that the Palm Desert City Council was well aware of the statistics, since it's been working on this issue for years, and her Association worked closely with the City during this time. She noted that there were always complaints received at the outset of such a regulation, and it was normal in response to any sort of policy change, because people had to get used to it. Once communities start providing education and working with the affected parties, in this case retailers, everyone learns and becomes used to the ban. She related that in Los Angeles County, within the first year of implementation, the rate of reusable bag use by consumers rose about 90%, emphasizing that this was in the huge County of Los Angeles compared to the City of Palm Desert. She believed Palm Desert would also find people getting used to the regulation; sometimes things have to be slightly adjusted from one store to the next, but it's completely normal. She was certain that as time goes on and Mr. Bagato continues to work with the retailers and the public, they will adapt. She added that they were happy to participate in "Bag Ban Giveaways," as many as the City needed, to make sure the community has enough bags to become comfortable with the policy. In terms of CGA's perspective, its concern is that the entire City Council approved the Single -use Plastic Bag Regulation unanimously last year. CGA worked closely with the City, and countless hours of staff time and resources - community education, bag giveaways, etc., including tens of thousand of dollars - were spent leading up to this point. She said CGA continued to support whatever the City wanted to do, but it is important for their organization and retailers to have consistency throughout the region. This was the reason CVAG was instrumental in putting together a model ordinance, so that if any cities decided to implement a ban, it would be consistent from one jurisdiction to the next and would alleviate confusion for both retailers and consumers between city limits. She closed by stating on behalf of the CGA, that if the City was looking at doing anything different from its current policy, at least consider waiting until after the 2016 Election on SB 270, which would be less confusing for all involved. She offered to continue to work closely with the City in whatever way it chooses to go. Councilman Jonathan noted that Ms. Peralta stated CGA's Members treasure consistency. However, he asked for confirmation that they were aware only three of the nine cities in the Coachella Valley have adopted bag ordinances and, therefore, already created inconsistency. MS. PERALTA responded that it had to start somewhere. Clearly, she said CVAG is made up of elected officials from the jurisdictions, who all came together to approve a model ordinance. The California Grocers Association (CGA) viewed that as a need and desire from this community to move forward. Given all the work and time spent, it indicates that the area wants 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 this type of policy. Therefore, she said CGA wants to support all the cities who want to institute the Ban, understanding that about four cities in the region have it. Additionally, other cities were waiting for passage of SB 270 so that they wouldn't have to do anything themselves; it would just happen through the State. Now they're holding off again, waiting for it to be voted on in the election. She remarked that the more cities who adopt it in this area, the better it is for Palm Desert. She cautioned the City to focus on the big picture and not change things back and forth at this time, only for it to either be passed or defeated Statewide next year. MR. KIM FLOYD, resident of Sorrento Court, Palm Desert, and representing the approximately 1,000 Sierra Club Members in the Coachella Valley, said they are strong supporters of the City's Ordinance banning single -use plastic bags. He added that they will also be fighting hard for the Statewide Ban to be upheld. He congratulated the City Council for enacting the Ordinance it currently has that is forward -thinking and very much appreciated. Councilman Tanner pointed out that one of the things Council considered since 2011 and has come forward through the Sustainability Committee is jumping out in front of the State's plastic bag mandate. He said this was because the City heard retailers, specifically along El Paseo, talk about the Ban and charging for bags. Subsequently, Palm Desert incorporated provisions in its ordinance that are far different than what will either pass or be defeated at the State level. He wanted everyone who worked on this program to know that they did a terrific job, and to go back and recreate something that's already been passed is the wrong thing to do. Councilman Jonathan commented that he certainly respected the process that was followed, going back to 2010, and that it is new to all of us. He referred to the Mayor's mention of receiving around a dozen e-mails in support of the ordinance. Conversely, several dozen were also received in opposition to the ordinance since April 1. Thus, the reason it was being considered today — responding to residents' concerns. He said it wasn't a question of embracing the environmental goals, believing that everyone treasured the environment and wanted to do everything possible to reasonably protect it. It was a question of what the best way is to do that. He wasn't sure that an ordinance is the best way to achieve the goals; but it's in place now. Further, he believed that through no one's intention, Palm Desert has placed its merchants at a competitive disadvantage. He'd received reports, such as customers from out of town shopping at Whole Foods. They had a large order, went to the check-out and were informed about the 10¢ charge per bag; and because they were unaware of the ordinance, simply walked out without completing the transaction. While that may, statistically, be a rare occurrence, he felt since only three cities have adopted the Plastic Bag Ordinance, merchants are at a disadvantage 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 because of it. In addition, the other two cities with it are all the way in Palm Springs and Indio, and constituents have communicated that they intend to do their shopping in La Quinta, which concerned him. That being said, he'd read the staff report very carefully, had spoken with various stakeholders, done his own research, and concluded that it is not in the City's best interest to place a moratorium on the Plastic Bag Ban. It's in place now, and for all the reasons discussed here and in speaking with his fellow Councilmembers, he felt it should be left alone. If it appears that the State is never going to have a Plastic Bag Ban, or if Palm Desert's sister cities will not have a Ban, then he believed the issue should be revisited. He expressed appreciation to everyone for the time taken in re -looking at the matter, and the City was the better for it in responding to concerns that had been raised, analyzing them, and coming to a thoughtful conclusion. Councilmember Harnik remarked that it has been a long, arduous, and well - thought -out process, recalling that when she came on City Council in 2010, she went to Councilman Spiegel and said that Council needed to look at plastic bags. She further recalled him agreeing with her; however, he added that the City needed to do research and didn't necessarily have to be first in the Coachella Valley to do something. It should learn about it first before going ahead, which it did very carefully. She said then Councilman Kroonen brought it to the Council, and more work was done on the issue. While Europe has been doing it for years, noting that they weren't always the model to follow in all matters, she stated there are great American companies who've been bag -less for years, Costco being one that was a very thriving business. Additionally, she said Palm Desert was home to longtime Harvest Health Foods, and for some eight years' time, they've had a sign on their counter that says, "Do you really need a bag?" She said it's not that difficult, recounting that as late as this afternoon, out of necessity, she stopped at a Rancho Mirage store for groceries and brought in her own reusable bag. She observed that people don't even like the word "change," but it can be done. Although it may not be convenient to do it presently, it would likewise be more convenient to throw our trash out of our windows, too, instead of collecting and disposing of it properly. In this case, she felt it amounted to doing the right thing — answering to our children. She observed that some great changes have already been made; the City has moved positively forward and can continue to do so. Palm Desert has always been a leader in these matters, and she was very proud of that and to be part of making it happen. Mayor Pro Tem Spiegel recommended for anyone worried about transporting their frozen or cold food purchases in reusable bags that Trader Joe's has terrific insulated bags at a relatively inexpensive price. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 Mayor Pro Tem Spiegel moved to, by Minute Motion, continue with the current Plastic Bag Regulations and education of the public and local businesses about the requirements under the Ordinance. Motion was seconded by Harnik and carried by 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF SECOND AMENDMENT TO CONTRACT WITH CLEANSTREET, THE FIRST ONE-YEAR EXTENSION FOR PARKING LOT SWEEPING SERVICES IN THE AMOUNT OF $34,962.24 (CONTRACT NO. C32721). In response to City Council's concerns when this was last considered at the April 23 Meeting, Mr. Greenwood said staff has investigated alternative methods of performing parking lot sweeping but hasn't identified any that are cost effective. He noted that there are other locations that do manual sweeping, which is more effective but also quite a bit more expensive. Additionally, he said they've improved the staff report to include all of the locations that are covered in the subject contract. MS. NIKOHL VANDEL, Palm Springs, CA, recounted her experience of performing community service in North Town - North Las Vegas, Nevada, sweeping the streets there with brooms. She said society throws away things, ideas, even people, until the "noise" of it all causes everyone to stop, take another look, and decide to simplify. She offered that perhaps parking lot sweeping could be a Riverside County Community Service project too. She went on to say that there is no law against sleeping in one's car in the State of California; a lot of people are out of work and out of a home here but sleep and manage their lives out of their cars. So she proposed having Citizens On Patrol park their cars in an area, offering a safe place for homeless people to be, and if there's an issue, in exchange for that safe space, they can help the City clean up and make sure the parking lots stay clean. There would also be the street sweepers, and people doing community service could give back in this manner. She said they could learn a lot about the City by cleaning up the streets here, just as she did in the Las Vegas area. She added that when people work with those who need some help transitioning back into a normal routine, it's very effective to have people who are presently in stable positions and realities —such as City employees —helping them navigate back into one of their own and was something sorely needed (e.g. people living in their cars need to go to the next step in finding secure housing). She believed the idea would be very 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 cost effective. Upon Mayor Weber's inquiry about her community service, Ms. Vandel said it was performed as recompense for a ticket. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve Second Amendment to the subject contract with CleanStreet, Gardena, California, for Parking Lot Sweeping Services in the amount of $34,962.24; 2) authorize Mayor to execute the Amendment — funds are available in the various Building and Business Improvement District Accounts. Motion was seconded by Tanner and carried by 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF OUTSIDE AGENCY FUNDING COMMITTEE RECOMMENDATIONS FOR FISCAL YEAR 2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING AND THE ONE-YEAR ACTION PLAN. Ms. Riddle stated this request was for approval of the 2015-2016 Community Development Block Grant (CDBG) Allocation and Action Plan. Total allocation the City will receive is $269,514, and with previous years' unspent funds of $6,379, the total available funding is $275,893. The City received 16 applications, 7 of which were Capital Improvement Projects, and 9 were for public service programs. Recommendation by the Outside Agency Funding Committee is to award three (3) for Capital Improvement Projects: Desert Arc, Joslyn Center, and Martha's Village & Kitchen, with a total allocation of $181,564. The five (5) Public Service Programs recommended are: Angel View, Coachella Valley Rescue Mission, Olive Crest, Operation Safe House, and Riverside County Foundation on Aging, for a total allocation of $40,427; and the remaining funds will be used for administration. If approved, recommendations will be forwarded to HUD (U. S. Department of Housing and Urban Development) for its 45-day review and approval. If no comments are received from HUD, the City will then notify applicants. Mayor Weber declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, she declared the pubic hearing closed. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve Outside Agency Funding Committee recommendations for FY 2015-2016 CDBG Funding as proposed; 2) approve FY 2015-2016 CDBG One-year Action Plan; 3) authorize the City Manager to sign FY 2015-2016 CDBG One-year Action Plan Certifications; 4) authorize staff to submit the FY 2015-2016 CDBG One-year Action Plan to the U.S. Department of Housing and Urban Development (HUD). Motion was seconded by Jonathan. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 Councilmember Harnik commented that Community Development Block Grant funding has been getting smaller, making it difficult for the Committee to decide because there are so many worthy causes. She added it was a tough process and commended staff for their work to get it done. Councilman Tanner was disappointed that The Ranch Recovery Center was not granted any type of financial aid this year, because he felt they served a broad need. He hoped they would be included in next year's recommendation for approval. Mayor Weber called for the vote, and the motion carried 5-0 (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manaaer Meeting_ Summaries for the Period of April 13 - May 1, 2015. Mr. Wohlmuth noted his Meeting Summaries report in the agenda packets and offered to answer questions. Before the meeting today, he'd provided a copy of the March 2015 General Fund Financial Report at each Councilmember's seat, as he'd inadvertently forgotten to include it with his Meeting Summaries Report on the agenda. Additionally, he said the next Audit, Investment & Finance Committee Meeting would be coming up shortly, which will provide the April 2015 General Fund Report that he'll copy and attach to his Meeting Summaries Report for the following Council Meeting. Upon inquiry, he said April 2015 looks good; T.O.T. (Transient Occupancy Tax) continues to be slightly increased, expenditures are on track, and although not as much as T.O.T., Sales Tax has also increased. Therefore, the City is right on track for the Fiscal Year 2014-2015 Budget. Responding to Councilman Jonathan's question about a meeting with Friends of the Desert Mountains regarding the Wildflower Festival, he confirmed that there was discussion about an increased prominence for the City of Palm Desert if it becomes a major sponsor, possibly having the name "Palm Desert" attached to their Festival as well. Further, he believed it was likely they would move in such a direction. Upon inquiry by Councilmember Harnik about discussion with the California Department of Finance (DOF) on April 28, Mr. Wohlmuth said he'd like to take credit for a positive interaction, but it should 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 actually be given to Management Analyst Veronica Tapia for the excellent job of presenting the information. He believed positive results will be received from that meeting. With City Council concurrence, the City Manager's Meeting Summaries for the period of April 13 - May 1, 2015, were received and filed. 2. CVAG Technical Advisory Committee - CVLink Mr. Wohlmuth reported that the Coachella Valley Association of Governments TAC met Monday this week, with one item of discussion, CVLink Operation and Maintenance and appointment of three City Managers to the Subcommittee for this purpose, along with recommending/requesting appointment of three Executive Committee Members to the Subcommittee. He said motion to table the Operation and Maintenance discussion by City Managers was approved on a 9-2 vote, with the two dissenting votes being his and Riverside County's representative. His position was that City Managers are the appropriate body to consider financial and budgetary aspects of decisions, including options for funding, as they are trained for and do that sort of analysis and review all the time. Responding to question, he said the final decision for funding and maintenance by the City would come back to the Council. However, he noted that there might be an upcoming newspaper article indicating that he had reservations about the larger body considering the Operation and Maintenance, because he still believed that City Managers were the most appropriate body to look at those funding and formula options before being presented to the entire Executive Committee at some point in the future. 3. Benches for Silver Spur Ranch HOA Responding to question about how staff will handle the requested benches under Section VIII - Oral Communications B, Mr. David Hoak, earlier in this meeting, Mr. Wohlmuth said staff will first go look at the site to see what's needed. Councilmember Harnik recalled that benches were replaced on El Paseo recently and wondered if all of them had been placed elsewhere. Mr. Greenwood affirmed that the old benches from El Paseo were removed and redistributed to City locations as needed. Upon hearing Mr. Hoak's request earlier, he was thinking of re -distributing a couple of those up to Silver Spur. 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 B. CITY ATTORNEY None C. CITY CLERK 1. Announcement of City Council Study Session - Thursday, May 28, 2015, at 2:00 p.m., Administrative Conference Room — Sheriffs Contract for Law Enforcement Services to the City of Palm Desert. Ms. Klassen called attention to the Announcement of the Study Session before the next regular City Council Meeting on May 28. Councilmembers so noted this scheduling. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Mayor's Meeting_ Summaries Report for the Period of April 13 - May 1, 2015. Mayor Weber noted her printed report included in the agenda packets. With City Council concurrence, the Meeting Summaries were received and filed. 2. Council Reauests for Action/Committee Reports/Comments: a) Next Aaenda - Council Benefits Resolution — Mayor Pro Tem Spiegel requested on the next agenda that a resolution be considered that keeps Council Compensation at the same level it is currently but grants back the dependent benefits to those Members that do not have them, as is the case in all the other Coachella Valley cities, with the exception of Indian Wells. 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 b) Shredding Event - Mav 1 - 2.2015 — Mayor Weber thanked staff for a great Shredding Event. When she arrived, the line was all the way around the corner almost to San Pablo, and she learned that Mayor Pro Tem Spiegel had just preceded her in the line. She said everybody was cheerful, happy, and very helpful. c) Student Art & Essay Awards Ceremony — Mayor Weber went on to thank staff for the wonderful event last evening for the students. She said the Council Chamber was standing -room only with family, friends, and the award -winning students. d) Welcome Jonathan Avila — Mayor Weber was pleased to introduce and welcome one of her former students, Jonathan Avila, in the audience tonight. She always encouraged her students to get involved, participate in their community, and was glad Mr. Avila was doing so today. e) Convention & Visitors Bureau Oasis Awards — Councilmember Harnik reported that she attended the Oasis Awards Ceremony. They've really done some great things with marketing the "Greater Palm Springs Area," noting that she looked forward to the day that they refer to it as the "Greater Coachella Valley." She said it was terrific to see so many people celebrated for all the work they do with tourism. f) Youth Committee — Councilmember Harnik said she and Mayor Weber were pleased to have the opportunity present certificates of appreciation to departing Youth Committee Members for all the time they've devoted to their positions and the City. She added it was a terrific group of young people who serve the Youth Committee. Mayor Weber added that she, too, was delighted to recognize the Youth Committee Members, noticing that it was the same group of outstanding young people who are not only being honored for serving their City but also for being recognized as "Students of the Month" at the Optimist Club Meetings. She said the City was very fortunate to have such high achievers in the community. g) 50th Anniversary SCAG General Assembly — Councilmember Harnik noted that the City was honored to both be host for and participate in the 50th Anniversary Southern California Association of Governments General Assembly. She said there was a lot of great information presented that will be useful as the City goes forward with its General Plan Update, as well as in everything else it does. 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 h) Housina Commission - Carlos Ortega Villas — Councilman Jonathan congratulated Director of Housing Janet Moore. He said at yesterday's Housing Commission Meeting, she shared a publication, Affordable Housing News, where the Carlos Ortega Villas was prominently featured. He understood that there were also other similar publications that would be honoring the project in the future. He commended staff for all the hard work that has gone into this project, adding that the City is once again demonstrating its leadership in this area and should be very proud. i) Corporation Yard - Cinco de Mayo Lunch — Councilman Jonathan thanked Human Resources Manager Lori Carney and all the men and women of the Corporation Yard for the wonderful Cinco de Mayo Luncheon and tour of the Yard. He pointed out that he'd never seen a cleaner facility and really liked the big traffic light. He said it was a job very well done! j) Valley Voice - CVLink — Councilman Jonathan went on to thank Councilmember Harnik for her courageous and articulate "Valley Voice" column recently in The Desert Sun. He hoped the City would do everything it can to support the CVLink Project, because it is certainly worthwhile. k) Water Policy — Councilman Jonathan asked for future discussion or action on water use. He noted that the City's parks are looking distressed, as was expected with the cutback in watering. However, kids are now playing on brown and bare spots. He asked for an update on how this was going at the next Council Meeting, realizing the City was experimenting on reductions and seeing what can be done. Mr. Wohlmuth responded that at the next Council Meeting, staff would be providing a report on the Water Policy, Program, and Turf Retrofit at City Hall, including photos. Later in the meeting during the Successor Agency to the Palm Desert Redevelopment Agency Executive Director Report, he acknowledged that while there are some brown grass areas showing stress from reduced watering, there weren't any bare dirt spots on the City's fields. Councilman Jonathan disagreed, adding that he ran over a few bare spots both yesterday and today, and offered to show them to staff. He pointed out that he wasn't complaining but was concerned during this experimental period. 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 2015 3. Council Consideration of Travel Requests and Reports: None XIX. ADJOURNMENT Upon a motion by Spiegel, second by Tanner, and unanimous consent of the City Council, Mayor Weber adjourned the meeting at 5:36 p.m. ATTEST: RA' H E D. KLASSE , CITY CLERK CITY OF PALM DESERT, CALIFORNIA — SUSAN MARIE WEBER, MAYOR 33