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HomeMy WebLinkAbout2016-03-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 10, 2016 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:00 p.m. II. ROLL CALL Present: Mayor Pro Tem Jan C. Harnik Councilman Sabby Jonathan Councilman Van G. Tanner Councilmember Susan Marie Weber Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager Robert W. Hargreaves, City Attomey Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Ryan Stendell, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Frankie Riddle, Director of Special Programs Stephen Y. Aryan, Risk Manager Anthony Baur, 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 MARCH 10, 2016 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: 1) Property: APN 627-071-013 (San Antonio Circle/Alessandro West) Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/Martin Alvarez/ City of Palm Desert Property Owner: David & Agnes Holtz Under Negotiation: x Price x 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: 2 With City Council concurrence, Mayor Spiegel adjoumed the meeting to Closed Session at 3:01 p.m. He 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 Jan C. Hamik VII. INVOCATION - Mayor Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MR. JASON JORDAN, Palm Desert, addressed the City Council on several issues; the first being that he intended to be a candidate for City Council in the 2016 General Municipal Election. He said his goals were to make life tolerable and fair, promising that he will tell the truth and have citizens' best interest at hand. Key elements of his campaign will be to give citizens their lives back, and he will do his best to make sure the criminals that control the govemment never bother us. He believed anyone should be able to start a medical marijuana facility in the City as long as they follow the rules, just as anyone was able to open a liquor store currently. Yesterday he met with Councilmember Weber, whom he likes a lot, telling her that he did not like the pomography that is forced upon everyone by the 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 intellectual elite (e.g. magazines with indelicate headlines placed prominently at grocery store checkouts). Upon complaining about this to her, she advised that it was free enterprise, and she just avoided looking at it there, to which he replied that the citizenry should not have to look away from it. He said medical marijuana businesses are free enterprise, unless local, State, and Federal Govemments get in the way. They are legal at this time and should be available now in Palm Desert. He demanded that City Council allow true free enterprise for the medical marijuana industry; otherwise, they are totally manipulating the game. He didn't understand why everyone else was unaware that it was criminals controlling the drug trade, with their partners being government officials, and all they want is citizens' money. He wanted to do the following in his bid for elective office: 1) Eliminate the police, and Councilmember Weber agreed with him on this point as stated yesterday — no more tickets or DUI checkpoints in the City, alternative methods will be used to combat criminals; 2) fix traffic lights for people riding motorcycles and scooters — they don't currently change unless a car is present, which he'd been asking for repeatedly; 3) allow more than three minutes to speak at Council Meetings; 4) highly tax or assess all chain -store businesses — local businesses do not have to worry; 5) establish a ceiling on gas prices — if companies don't follow protocol, there will not be a gas station in Palm Desert due to the heavy assessments; 6) levy heavy assessments on non -locally owned apartment buildings in the City — residents should be able to live comfortably holding a standard job without having numerous roommates to make ends meet; 7) establish an "Obama Golf Law," where no sitting President is allowed to play golf in the City of Palm Desert unless he/she works as many hours of manual labor as it takes to play golf. He closed by asking everyone to look up "Ronald Reagan - A Time for Choosing," because the message was relevant now. MR. TERRY COLLIER, Ajo Lane, Palm Desert, wished to call the Council's attention to leaf blowers. He recounted a recent experience he had along Portola Avenue at the four-way stop sign for entries to The Vintage and Marrakesh Clubs. A maintenance worker was operating a leaf blower there recklessly in his opinion, rewed up very high and creating a very large cloud of dust that blanketed all of Portola there for approximately 100 feet, 20-30 in the air. Everyone was forced to drive through this cloud, and he experienced an allergic reaction to it himself. He said this type of occurrence should not be permissible in any community, noting that he'd complained about it previously in other municipalities because leaf blowers were touching off a great deal of respiratory disorders, especially in the elderly. He asked Council to consider having the Police intervene and issue a citation whenever they see something like he described, as too many people are sickened by the deteriorated air quality caused. MR. DAVID MUTH, Academy Lane East, Palm Desert, thanked former Mayor Weber for the proclamation she presented to the American Foundation for Suicide Prevention in August 2015, acknowledging "Suicide Prevention Week." Although overdue, he wanted to come before Council today to express gratitude for the 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 recognition then and raising awareness for a cause that was very near to his heart. He went on to way that their organization conducts a community walk, which this year will be on Saturday, April 2, at Palm Desert Civic Center Park, noting that Mayor Spiegel opened the ceremony and joined the event in 2013, which was very much appreciated. He invited the Mayor and Councilmembers to this year's event and presented them with fliers about it, adding that about 600 walkers would participate, many of whom were Palm Desert residents. He went on to relate the story of his own 11-year-old daughter, the victim of suicide, and it was now his mission to talk about the issue, raise awareness within the community, and help prevent further suicides. MS. TAMMY MARTIN, Interim Executive Director of the Friends of the Desert Mountains, thanked City of Palm Desert for being presenting sponsor for the Wildflower Festival on Saturday, March 5 — a FIRST WEEKend event, which raised awareness for a lot of people in the desert. Surveys reflected that most attendees came from Palm Desert, including its hotels. She added that the City's funding helps greatly with both event organization and promotion, and they were very grateful for both the sponsorship and support, hoping the City and Friends of the Desert Mountains would continue to work together on future Wildflower Festivals. Ma IMO IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS ... A. APPOINTMENT OF NATALIE STERN OF MASTRO'S STEAKHOUSE TO THE EL PASEO BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS TO FILL THE SEAT FORMERLY HELD BY MICHAEL SHIMER (TERM DECEMBER 31, 2017). Mayor Pro Tem Hamik moved to, by Minute Motion, appoint Natalie L. Stem to the El Paseo Business Improvement District Board of Directors to fill the seat formerly held by Michael Shimer (term ending December 31, 2017). Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Hamik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 25, 2016, and the Special City Council Meeting of February 25, 2016. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 2/12/2016, 2/19/2016, and 2/23/2016. Rec: Approve as presented. IMO 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 2/19/2016 and 2/26/2016 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. CLAIM AGAINST THE CITY (#769) by Eugene Ochalek in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of November and December 2015 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. F. AUDITED Financial Reports for the City of Palm Desert — Fiscal Year Ended June 30, 2015. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. G. AUDITED Financial Statements of the Palm Desert Recreational Facilities Corporation — Fiscal Year Ended June 30, 2015. Rec: By Minute Motion, receive and file the audited financial statements of the Palm Desert Recreational Facilities Corporation for the Fiscal Year Ended June 30, 2015. H. SINGLE AUDIT REPORT of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2015. Rec: By Minute Motion, receive and file the Single Audit Report of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2015. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 I. INDEPENDENT ACCOUNTANTS' REPORT on Agreed -Upon Procedures Performed on the Measure "A" Transportation Fund for the Fiscal Year Ended June 30, 2015. Rec: By Minute Motion, receive and file the Independent Accountants' Report on Agreed -Upon Procedures Performed on the Measure "A" Transportation Fund for the Fiscal Year Ended June 30, 2015. J. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Blaze Fast Fire'd Pizza, 73393 Highway 111, Palm Desert. Rec: Receive and file. K. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bratworks, 72840 Highway 111, Suite FC-8, Palm Desert. Rec: Receive and file. L. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Guadalajara Cafe, 74478 Highway 111, #C, Palm Desert. Rec: Receive and file. M. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of December 9, 2015. 2. Audit, Investment & Finance Committee Meeting of November 24, 2015. 3. Cultural Resources Preservation Committee Meeting of February 24, 2015. Rec: Receive and file. N. LETTER OF RESIGNATION from David Mourhess — Citizens' Sustainability Committee. Rec: Receive with very sincere regret. O. REQUEST FOR AUTHORIZATION to Declare City Police Motor Unit No. 873 (2009 Honda Motorcycle) as Surplus and Proceed with Disposal via Auction. Rec: By Minute Motion, declare the City's 2009 Honda Motorcycle Police Motor(V.I.N. JH2SC51799K600145/License No. 3001970) as surplus and authorize auctioning this vehicle by Ken Porter Auctions, Carson, Califomia. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 P. REQUEST FOR AUTHORIZATION to Purchase One New 2016 BMW R1200 RT-P Motorcycle and Emergency Equipment from BMW Motorcycles of Riverside in the Amount of $29,535.82. Rec: By Minute Motion: 1) Approve the purchase of one new 2016 BMW R1200 RT-P Motorcycle and emergency equipment from BMW Motorcycles of Riverside in the amount of $29,535.82; 2) appropriate $29,535.82 from Equipment Replacement Fund 530 for purchase of one new 2016 BMW R1200 RT-P Motorcycle. Q. REQUEST FOR AUTHORIZATION to Refund Building Permit Fees in the Total Amount of $46,158.33 for the Villa Portofino Project (Comstock Crosser & Associates, Applicant). Rec: By Minute Motion, authorize the refund of Building Permit Fees in the total amount of $46,158.33 to Comstock Crosser & Associates for the Villa Portofino Project (Permit Nos. 15-65938, 15-65940, 15-65943, 15-65939, 15-65942, 15-65941, 15-65124,15-65125, and 16-68726, 16-68727, 16-68728, 16-68732, 16-68730, 16-68733). R. REQUEST FOR AUTHORIZATION for Granicus to Provide Real -Time Closed Captioning Services for City Council Meeting Internet Stream and for City Manager to Accept Proposal in an Amount Not to Exceed $9,000 (Contract No. C35090). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. S. REQUEST FOR APPROVAL of Change Order No. 1 — Contract No. C34680 — Creation and Implementation of the New Palm Desert App. Rec: By Minute Motion: 1) Approve Upgrade Change Order No. 1 to the subject contract with CitySourced, Inc.; 2) authorize payment of prorated difference for the services in the amount of $1,250 — funds are available in Account No. 1104190-4336000. T. REQUEST FOR AUTHORIZATION for Susan Smith Evans to Create Artwork Proposals for the Set of Two Traffic Signal Cabinets on Magnesia Falls Drive and Portola Avenue (Contract No. C35100). Rec: By Minute Motion, authorize Susan Smith Evans to create artwork proposals for the set of two traffic signal cabinets on Magnesia Falls Drive and Portola Avenue — funds are available in Account No. 4364650-4400100, no General Fund money will be expended. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 U. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C27690E — Portola Avenue at Fred Waring Drive Sidewalk Relocation Landscape Project (Project No. 933-07) (Earth Sculptures, Inc., Indio, CA). Rec: By Minute Motion: 1) Accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project; 2) authorize staff to release the remaining landscape maintenance payments included in this contract without withholding retention. V. REQUEST FOR AUTHORIZATION to Release Security for Parcel Map No. 36292 (CCBP West, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the security on file for Parcel Map No. 36292. W. REQUEST FOR AUTHORIZATION to Release Security for Cado El Paseo Project (Cado El Paseo 930, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the security on file for Cado El Paseo. X. RESOLUTION NO. 2016 - 23 - A Resolution of the City Council of the City of Palm Desert, Califomia, Urging the Govemor, Legislature, and Judicial Council to Work Together to Reallocate Judicial Resources to Ensure Equal Access to Justice for All Califomians. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Y. CONSIDERATION of a Recommendation to Oppose Senate Bill 876 (Liu) - Homelessness. Rec: By Minute Motion, concur with the Legislative Review Committee and send a letter of opposition for SB 876 (Liu). Z. REQUEST FOR APPROVAL of the 2016 Palm Desert Century Recreational Bicycle Ride — Saturday, November 12 (Shadow Tour, LLC, Applicant). Rec: By Minute Motion, approve: 1) The Palm Desert Century Recreational Bicycle Ride scheduled for November 12, 2016; 2) road closure at University Drive from College Drive east to west and southbound lane closure of College Drive between University and Frank Sinatra Drives; 3) temporary waiver of Palm Desert Municipal Code Section 11.01.140 - Amplified Sound; 4) temporary waiver of 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 Palm Desert Municipal Code Section 11.01.080(Q) - Vendor Sales; 5) temporary waiver of Palm Desert Municipal Code Section 11.01.080(W) - Possession/Consumption of Alcohol in City Parks pursuant to Palm Desert Municipal Code Section 9.58.040. AA. REQUEST FOR APPROVAL of Martha's Village & Kitchen's 2016 Thanksgiving Day 5K - Thursday, November 24 (Martha's Village & Kitchen, Applicant). Rec: By Minute Motion, approve: 1) Martha's Village & Kitchen's Thanksgiving Day 5K scheduled for Thursday, November 24, 2016; 2) road closures on El Paseo between Highway 74 and Portola Avenue; 3) consumption of alcoholic beverages on City -owned property pursuant to Palm Desert Municipal Code Section 9.58.040. BB. REQUEST FOR AUTHORIZATION to Fund the Annual Fine Art Insurance Premium in the Amount of $11,200 for Art Sculptures Located Within the Eric Johnson Memorial Garden Per Lease Agreement with Palm Springs Art Museum (Contract No. C29860). Rec: By Minute Motion: 1) Approve $11,200 in funding for the annual Fine Art Insurance Premium for art sculptures to be placed in the Eric Johnson Memorial Garden, per conditions of Lease Agreement with Palm Springs Art Museum; 2) appropriate $11,200 from the Unobligated General Fund for said costs and transfer to Account No. 110-4800-4388500 for this purpose. Councilman Jonathan requested that Item F and X be removed for separate consideration and Councilmember Weber requested Item R be removed for separate consideration. Upon a motion by Harnik, second by Tanner, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None), the remainder of the Consent Calendar was approved as presented. Xl. CONSENT ITEMS HELD OVER F. AUDITED Financial Reports for the City of Palm Desert — Fiscal Year Ended June 30, 2015. Councilman Jonathan congratulated Mr. Gibson and his staff, stating such a perfect Auditor's Report should not be taken for granted, not just on the numbers, but on Internal Control and Operational Management. He thanked Mr. Gibson for a job well done. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 Councilman Jonathan moved to, by Minute Motion, receive and file the audited Comprehensive Annual Financial Report (CAFR) for the City of Palm Desert for the Fiscal Year Ended June 30, 2015. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Hamik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). R. REQUEST FOR AUTHORIZATION for Granicus to Provide Real -Time Closed Captioning Services for City Council Meeting Internet Stream and for City Manager to Accept Proposal in an Amount Not to Exceed $9,000 (Contract No. C35090). Councilmember Weber stated that right after she was elected, she brought this issue up, because she and her friend Leslie Pricer attended a City Council meeting to thank then City Manager Carlos Ortega for his service. However, Mr. Pricer couldn't hear anything, because he was profoundly deaf. Additionally, her friend Gordon Solomonson, who used to come to these meetings with her, also couldn't hear. Therefore, she is very grateful that closed captioning services will be available to the community. Councilmember Weber moved to, by Minute Motion, authorize: 1) Granicus to provide real-time closed captioning services at City Council Meetings; 2) City Manager to sign Proposal for payment up to $9,000 — funds are budgeted in Account No. 1104190-4336000. Motion was seconded by Hamik and carried by a 5-0 vote (AYES: Hamik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). X. RESOLUTION NO. 2016 - 23 - A Resolution of the City Council of the City of Palm Desert, California, Urging the Govemor, Legislature, and Judicial Council to Work Together to Reallocate Judicial Resources to Ensure Equal Access to Justice for All Califomians. Councilman Jonathan stated that according to the staff report, the Govemor seems to be aware of the acute need for judges, in particular, Riverside and San Bernardino Counties. The Govemor indicates that before funding any new positions, he intends to work with Judicial Council to develop a more system wide approach to balance the workload and the distribution of judgeships around the state. On its face, it seems logical, but often there are more workings political and otherwise. Therefore, his question was whether the proposed Resolution was in any way egregious to that goal. Mayor Pro Tem Harnik explained that a senate bill was passed to ensure local community members had access to justice, which they don't. The bill kept passing in both houses unanimously, but when it came to the Governor, it also asked to have access to justice in a timely fashion. The Govemor responded by saying that everyone needed to get along and for the counties to work it out. The issue is that there are court cases in northern California where there is a 1 to 10 case ratio, and in Riverside County, it's a 1 to 30 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 ratio. She said the Governor showed wisdom when he said, that before funding anything, it needed to reallocate what it currently had, which she believed was a wise move. The goal is to have Judge Harold Hobb be able to go to Sacramento with as many Resolutions as possible, so that he can show that the need is real with the hope to get more of those reallocate positions, adding that this was highly political. Councilman Jonathan said he was in favor of more judges, but the Governor stated he intends to work with the Judicial Council to balance the workload. He reiterated that he wants to make sure that the proposed Resolution was not in opposition to that goal. Mayor Pro Tem Harnik replied that the Resolution supports the Governor's goal, and the Chief Justice supports it as well. The attempt is to make sure that areas that have more judges than needed are reallocated. The Governor is requesting that everyone review their needs and play fair without it costing more money. Councilman Jonathan moved to waive further reading and adopt Resolution No. 2016 - 23. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XII. RESOLUTIONS A. RESOLUTION NO. 2016 - 24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, WHEREIN THE CITY COUNCIL HEREBY AUTHORIZES THE SUBMITTAL OF AN APPLICATION TO THE LEAGUE OF CALIFORNIA CITIES FOR THE HELEN PUTNAM AWARD FOR EXCELLENCE IN THE CATEGORY OF HOUSING PROGRAMS AND INNOVATIONS; AND THE EXECUTION OF ANY RELATED DOCUMENTS NECESSARY FOR THE APPLICATION. Transportation Engineer Mark Diercks requested approval of the Resolution, so that staff can submit for the award. Councilman Tanner moved to waive further reading and adopt Resolution No. 2016 - 24. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XIII. ORDINANCES A. For Introduction: None 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO ALL AMERICAN ASPHALT IN THE AMOUNT OF $313,765 FOR CONSTRUCTION OF THE FREE RIGHT -TURN LANE AT FRED WARING DRIVE AND HIGHWAY 111 PROJECT (CONTRACT NO. C28800E, PROJECT NO. 658-08). Transportation Engineer Mark Diercks stated this contract was for the free right turn lane on Fred Waring Drive and Highway 111. The project is federally funded, paying 100% of the construction cost. Responding to question, he confirmed the plan was previously approved, and this was now the implementation. Mayor Pro Tem Harnik moved to, by Minute Motion: 1) Award subject contract for Construction of the Free Right-Tum Lane at Fred Waring Drive and Highway 111 Project to All American Asphalt, Corona, California, in the amount of $313,765; 2) authorize Director of Finance to set aside a 10% contingency for the project in the amount of $31,376; 3) authorize Mayor to execute the contract — funding is available in Account No. 2134384-4400100 - Measure "A" Fund. Councilman Jonathan stated there are two right tum lanes on Fred Waring onto Highway 111, and staff is proposing to convert into a one turn lane, questioning why it was a good thing. Mr. Diercks explained the City is doing comer improvements where the right tum lane will tum into the number four lane on Highway 111, so it will become a free flow movement as opposed to being stopped by the signal all the time. He added that it was a difficult right turn unless one had the green Tight at that point. Councilman Tanner seconded the motion and it carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). B. REQUEST FOR AWARD OF CONTRACT TO T. CONSTRUCTION, INC., IN THE AMOUNT OF $53,716 CAP HOMME/RALPH ADAMS PARK UPPER PARK REPLACEMENT PROJECT (CONTRACT NO. C35000, NO. 927-16). J. JANCA FOR THE SHELTER PROJECT Mayor Pro Tem Hamik asked if the new shelter will replicate what's currently there. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 Landscape Supervisor Randy Chavez replied that the current wooden palapa will be replaced with a new structure similar to the one at the bottom of the trail, which is a steel structure. The bottom structure is 10x10, and this new one at the top of the hill will be 12x12, but steadier. Mayor Pro Tem Harnik commented that she hiked that trail every weekend and never noticed the structure at the bottom of the trail. Councilman Tanner moved to, by Minute Motion: 1) Award subject contract for the Cap Homme/Ralph Adams Park Upper Park Shelter Replacement to T. J. Janca Construction, Inc., Orange, Califomia, in the total amount of $53,716; 2) authorize Director of Finance to set aside an additional 10% contingency in the total amount of $5,371.60; 3) authorize Mayor to execute said contract — funds are available in Account No. 6100000-2399100 - Homme/Adams Park Trust Fund. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Hamik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). C. REQUEST FOR AWARD OF CONTRACT TO T. J. JANCA CONSTRUCTION, INC., IN THE AMOUNT OF $68,575 FOR THE NEW PLAYGROUND SURFACES FOR FREEDOM PARK AND HOVLEY SOCCER PARK (CONTRACT NO. C35010, PROJECT NO. 924-16). Landscape Supervisor Randy Chavez stated this contract is to replace the poured in place rubber surfaces at the west playground at Freedom Park and at the west playground at the Hovley Soccer Park. He noted the typo under Fiscal Analysis where it states "park shelter," stating it should be "playground surface." Mayor Spiegel inquired as to the life span of the product. Mr. Chavez responded that the rubber surface has a shelf life of approximately five years unless it gets water, but because it's under a covered shade it should last. However, the one at Freedom Park has no shade; therefore, the life span could be less. Further responding, he said the product has a one-year guarantee. Councilman Tanner moved to, by Minute Motion: 1) Award subject contract for the New Playground Surfaces for Freedom Park and Hovley Soccer Park to T. J. Janca Construction, Inc., Orange, California, in the total amount of $68,575; 2) authorize Director of Finance to set aside an additional 10% contingency for the project in the total amount of $6,857.50; 3) appropriate $6,857.50 from Unobligated Park Fund Reserve Funds; 4) authorize Mayor to execute said contract — following appropriation, funds are available in Account No. 4304618-4400100 - Park Funds Reserve. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 D. REQUEST FOR AUTHORIZATION TO PURCHASE STORAGE AREA NETWORK IN THE AMOUNT OF $90,523.59 FROM DELL MARKETING LP AND FOR CITY MANAGER TO EXECUTE STATEMENT OF WORK FOR SAME (CONTRACT NO. C35110). Information Systems Manager Clayton Von Helf noted the staff report, stating the contract is to purchase infrastructure for the IT. Mayor Pro Tem Hamik commented that it was money well spent. Councilman Tanner moved to, by Minute Motion: 1) Approve payment of $90,523.59 to Dell Marketing LP for hardware and services to install a new Storage Area Network (SAN); 2) authorize City Manager to execute the Statement of Work for same — funds are budgeted in the Equipment Replacement Fund, Account No. 5304190-4404000. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). E. REQUEST FOR APPROVAL OF PAYMENT IN THE AMOUNT OF $103,000 TO THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR THE OPERATION OF ROY'S DESERT RESOURCE CENTER FOR FISCAL YEAR 2016-2017. Mayor Pro Tem Spiegel noted the funds were in the budget and the City has been paying it for years. Mayor Pro Tem Harnik stated it was unfortunate that other cities who signed up to give the same amount of money have chosen now not to do so, stating she appreciated that the Cities of Rancho Mirage, Palm Desert, and Palm Springs kept their commitment. Mayor Pro Tem Hamik moved to, by Minute Motion, approve payment to CVAG for the operation of Roy's Desert Resource Center in the amount of $103,000 for Fiscal Year 2016-2017 — funding to be set aside pending City Council approval of the FY 2016-2017 Budget. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Hamik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). Councilman Jonathan stated he represented the City on the CVAG Homelessness Committee, and if the Council concurred, he will convey in delicate terms that Palm Desert would be so happy if other cities were to resume their participation. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 F. REQUEST FOR APPROVAL OF PALM DESERT'S 2016 INDEPENDENCE DAY CELEBRATION. Program and Events Specialist Amy Lawrence stated that Council approval will allow staff to commence with planning the event. Responding to question, she confirmed it will be the same amount of fireworks as last year, and it will be by the same group. Mayor Pro Tem Hamik moved to, by Minute Motion: 1) Approve Independence Day Celebration scheduled for Monday, July 4, 2016; 2) approve Contract No. C35120A with PyroSpectaculars by Souza, Rialto, California, in the amount of $38,000 for professional staff and pyrotechnic supplies and services for the fireworks display; 3) approve Contract No. C35120B with Dan Methe - Swing Cats Big Band in the amount of $3,650 to provide instrumental and vocal entertainment; 4) approve Contract No. C35120C with Lin Lines in the amount of $2,200 for shuttle service to and from the event; 5) authorize the Mayor to execute the subject contracts; 6) authorize expenditure with Studio Instrument Rentals (SIR), Palm Springs, California, in the amount of $2,500 for professional staff, instrumental equipment, and sound and lighting services in conjunction with the concert; 7) authorize miscellaneous expenditures in an amount not to exceed $10,000; 8) pre -approve line item for FY 2016-2017 Budget for the event. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). G. REQUEST FOR DIRECTION REGARDING PARTICIPATION IN SUNLINE TRANSIT AGENCY'S BUS SHELTER ADVERTISING PROGRAM. Ms. Riddle stated staff was asking for direction from the City Council with regard to Council's desire for bus shelter advertising. If so, staff will continue to work with SunLine to find out what kinds of advertising panels are out there such as newer, more modern, stand-alone panels, etc. In addition, staff will take a look at which shelters can be retrofitted for the panels that connect to the shelter. However, those were dismantled years ago, so parts may not be available. She said staff will also look at associated costs. Mayor Spiegel stated a lot of the shelters are not covered, and in the summer, it's horrible to stand out in the sun waiting for a bus to arrive. As far as advertising, he would like Council to approve whatever pictures go in those shelters. Ms. Riddle stated she shared Council's concerns with SunLine about available shelters, and they have indicated that they have no shelters or funds available. Responding to question, she said there were approximately ten bus stops without shelter. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 Councilman Jonathan said that it seemed the vast majority were covered. He questioned why in 2006 or shortly thereafter, the Council decided not to allow advertising in the shelters. Ms. Riddle explained that the Council decided to go a different direction, stating they didn't care for advertising on the panels. She recalls that more cities, including Palm Desert, were limiting the number of shelters that had advertising, so eventually, it wasn't really paying for itself. Mayor Pro Tem Harnik expressed concem over the types of advertising that may be proposed, but she was in favor of City -sponsored events such as Fashion Week or The Living Desert. She added that she has taken the bus and felt it was critical to provide some sort of shade covering. Ms. Riddle pointed out that Proposition 1 B funding will only last a few more years, and unless something else materializes, SunLine may have an issue with obtaining funds. Mayor Pro Tem Hamik said it may be something the City will need to provide for its community members, because people are using the bus to get to work or school. Mayor Spiegel again suggested a continuance and requested staff find out the number of shelters that are not covered, the cost, and invite a representative from SunLine to be at the next meeting. Councilmember Weber said solar panels could be installed providing shade and lighting and have it pay for itself. She asked if there were currently any shelters with solar. Mr. Wohlmuth answered yes, however, the difficulty is that lights are needed when the sun is not shining. He said a battery storage can be installed in the shelter for the solar to energize the battery, and then the battery can be utilized. Councilman Tanner moved to, by Minute Motion, continue this item to the meeting of April 14, 2016, with staff directed to invite SunLine representative(s) to be present at that time. Motion was seconded by Spiegel. Councilman Jonathan stated that it appeared there was a consensus that rooftop and shading were a necessity and hopefully the Council can find a way of making it happen for the 10 or 12 not covered and for any future ones as well. However, there was a separate issue of advertising, which is somewhat related. He has the same concerns with advertising that was expressed by the Council in 2006, because he's not sure it will add to the 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 quality and beauty of the community. He didn't want to assume that the two issues were tied together, and that the only way to get a roof top was through advertising. Councilmember Weber agreed, stating she didn't mean to imply, but was only responding to Mayor Pro Tem Harnik's comment, because the point of advertising was to recover the cost of the bus shelter. Ms. Riddle pointed out that staff will retum with solutions or ideas on both sides of the issue for Council to have an opportunity to make a decision. Mayor Spiegel called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). H. CONSIDERATION OF A REQUEST IN AN AMOUNT NOT TO EXCEED $13,000 TO PRODUCE THE "VISION SAN PABLO" F1RST WEEKend EVENT TO BE HELD ON SATURDAY, MAY 7, 2016. Associate Planner Eric Ceja expressed his excitement over the upcoming Vision San Pablo Event. He said staff is working with Southern California Association of Govemments (SCAG) to produce an event in May that would be part of the F1 RST WEEKend Event series. In June of 2015, staff applied to participate in SCAG's "Go Human" campaign to promote walking, biking, and pedestrian activity in the City. The City of Palm Desert was 1 of 16 cities in the entire SCAG region awarded to participate in the Campaign, and it's the only city in the Coachella Valley that was awarded. As part of the City's General Plan Update, the San Pablo Avenue Corridor is a very important segment within the City of Palm Desert that connects the Civic Center, the Parks, College of the Desert (COD), the downtown area along Highway 111 and El Paseo, and residents on either side of San Pablo Avenue. As part of the General Plan Update, staff looked at "Road Diet" for San Pablo Avenue, and as part of the program the City is participating with SCAG, it allows Palm Desert to do an 11-day demonstration of the Envision Improvements. He said staff is working with SCAG to bring in street trees and temporary traffic control to mimic the Envision Improvements along the San Pablo Corridor. He displayed a map of what the event would look like. However, today, staff is requesting that the Council allocate funds to promote and allow for the 1-day Vision San Pablo Event. A portion of San Pablo will be shut down from San Gregonio to Alessandro, bringing temporary street improvements to engage the community. Staff is also working with local vendors and existing businesses along San Pablo to really promote the event. He said this event was an excellent opportunity to highlight the Plan for San Pablo, get the community involved, and introduce everyone to the General Plan. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 Councilman Jonathan praised the idea, stating he loved it because it was innovative and he's looking forward to it. Adding that he hoped it turns into a big street party, and the beer garden will help. However, he didn't see anything about food trucks, which he hopes staff will consider. He heard at the last Chamber breakfast that "Bratworks" is now at Westfield and they have a food truck, and there are others. He believed this might be a great opportunity to invite some of them, which would be consistent with the vision of this event. Councilman Tanner concurred, stating the San Pablo event will be something for the millennial group it's trying to attract. He also encouraged food truck operations and asked staff to continue looking for sponsors for the beer and wine. Mayor Pro Tem Hamik pointed out that only 16 cities were awarded funds by SCAG, and there are 191 cities in that region. Therefore, it's quite an honor that Palm Desert received it, and this event is their most exciting project. Additionally, the General Assembly for SCAG is on the 5th and 6th, so they plan to be in Palm Desert to take a look. Mayor Pro Tem Hamik moved to, by Minute Motion: 1) Authorize the request in an amount not to exceed $13,000 to produce the "Vision San Pablo" FIRST WEEKend Event along the San Pablo Avenue Corridor to be held Saturday, May 7, 2016; 2) appropriate $13,000 from Unobligated General Fund monies to Account No. 1104417-4321900 - First Weekend Events - for this expense; 3) approve use of non-traditional traffic control and street closure plans between May 2-13, 2016, to demonstrate the envisioned improvements to the San Pablo Avenue Corridor; 4) receive and file informational report, describing the San Pablo Avenue Demonstration Project and Partnership with the Southem California Association of Govemments (SCAG). Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Hamik, Jonathan, Tanner, Weber, and Spiegel; NOES:. None). I. REQUEST FOR AUTHORIZATION TO CONVEY QUITCLAIM DEEDS FROM THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY TO THE CITY OF PALM DESERT, RELATING TO EXISTING PARKING EASEMENTS ON PRIVATE PROPERTY (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Alvarez stated that over the last decade, the former Redevelopment Agency worked in cooperation with property owners to establish public parking easements in various parking lots. These easements are now with the Successor Agency and listed in the Long Range Property Management Plan to be transferred to the City. If Council approves, it will allow staff to transfer the quitclaim deeds to the City so it can have control of the public 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 parking easements in case there are amendments or administrative items to address. Responding to question, he confirmed the Oversight Board has approved this item through the Long Range Plan. Councilman/Director Jonathan noted that the staff report was understandable and the map was very helpful, which he appreciated. Mayor Pro TemNice Chair Harnik moved to, by Minute Motion: 1) Waive further reading and adopt Resolution No. SA -RDA 055, authorizing and approving conveyance of Easement Agreements from the Successor Agency to the Palm Desert Redevelopment Agency to the City, pursuant to the approved Long -Range Property Management Plan; 2) waive further reading and adopt Resolution No. 2016 - 25, accepting the conveyance of easement agreements from the Successor Agency; 3) authorize the City Attorney to make non -substantive changes to all documents; 4) authorize the Mayor/Chair to execute any and all documents necessary for the conveyance. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 2 TO CONTRACT NO. C31700 WITH SUNGARD PUBLIC SECTOR FOR THE LICENSE AND INSTALLATION OF A NEW UPDATED ENTERPRISE SOFTWARE PACKAGE - ONESOLUTION. Information Systems Manager Clayton Von Helf stated the City has been updating the ERP Software to ONESolution over the last couple years, and they have finished the Finance, Human Resource, and Payroll phase. During that time, Sungard purchased a company that produces a community development package called TRAKIT, which has been merged into ONESolution. The change order will pay for the extra modules that weren't available when the City first purchased ONESolution, including the on-line business license renewal. Mayor Pro Tem Harnik commented that the Mayor has been asking for that service for four years. Councilman Tanner moved to, by Minute Motion: 1) Approve Change Order No. 2 and appropriate $133,112 to Account No. 5304190-4404000; 2) authorize City Manager to sign the related Add -On Quote for the contract. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 B. REQUEST FORAPPROVAL OF AMENDMENT TO CONTRACT WITH THE LEW EDWARDS GROUP, RELATING TO STRATEGIC CONSULTING SERVICES (CONTRACT NO. C34330). Management Analyst/Public Information Officer David Hermann stated this was an amendment to an agreement with the revenue consultant Lew Edwards Group. Councilman Jonathan moved to, by Minute Motion: 1) Approve an amendment to the subject Consulting Services Contract with The Lew Edwards Group in the amount of $66,500 for additional ongoing communications, outreach, and strategic services to the City; 2) appropriate funds in the amount of $66,500 from the Unobligated General Fund to Professional - Other Administration Account No. 1104430-4309000 for payment of the amended agreement; 3) authorize the City Manager to execute said amendment. Motion was seconded by Hamik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries Report for the Period of February 15-26, 2016. Mr. Wohlmuth noted the printed report provided with the agenda packets and offered to answer questions. With City Council concurrence, the City Manager Meeting Summaries were received and filed. 2. Introduction of New Community Development Department Management Analyst Kimberly Warpinski. Mr. Stendell introduced the City's newest employee, Ms. Kimberly Warpinski, who started this week in the Community Development Department as a Management Analyst, noting that Councilmembers may recognize her as a former employee of F.G. Creative, a Local marketing firm that's worked with the City on several special events. Responding to question, he added that she would be assuming the duties that he formerly handled of Parks & 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 Recreation Customer Service and Aquatic Center Operations Activities. Councilmembers congratulated and welcomed Ms. Warpinski to the City. B. CITY ATTORNEY None C. CITY CLERK 1. Announcement of City Council Study Session on Thursday, March 24, 2016 - 2:00 p.m. in the Administrative Conference Room - Strategic Plan Goal Prioritization. Ms. Klassen announced the subject Study Session scheduled for Thursday, March 24, at 2:00 p.m., and Councilmembers so noted. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department Lt. Baur introduced two new Palm Desert Police Sergeants, Sgt. Matthew Koser with the Traffic Services Team, and Sgt. Jeremy White with the Special Enforcement Team. Sgt. Koser said he'd been with the Riverside County Sheriffs Department for 14 years, previously with the City of Moreno Valley, five of them as a Motor Officer. He was excited to be with the City of Palm Desert now, working with everyone here and making it a safer place for all forms of transportation. Sgt. White stated he's been with the Sheriffs Department 16 years in April. He worked in the Robert Presley Detention Center in Riverside, patrol operations in Cabazon, went to the Gang Task Force in Moreno Valley and Jurupa Valley, promoted to Sergeant in 2011, then served at the Smith Correctional Facility for about 3 years, followed by coming out to Palm Desert for the last two, adding that Sgt. Koser had been his trainee. Councilmembers welcomed both Sergeants to the City and its Police Department. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilmember Susan Marie Weber's Meetina Summaries Report for the Period of February 22-March 6, 2016. Councilmember weber noted her printed report with the agenda packets, and with City Council concurrence, it was received and filed. 2. Council Requests for Action/Committee Reports/Comments: a) Councilman Sabbv Jonathan Requests/Reports/Comments — - Utility Underaroundina Committee - Met recently and near completion of its task after a year's time with very dedicated members. Draft report in process for approval, hoping to have it before Council at the April 14 meeting. - CVAG Homelessness Committee - At City of Palm Desert's request, Committee holding a workshop on Wednesday, March 16, exclusively dedicated to discussing impacts of the homeless that is a growing issue for Palm Desert and all the individual cities in the Valley. He and Councilman Tanner will attend, along with staff representatives, and they hope it will be productive and lead to some solutions. b) Mayor Pro Tem Jan C. Hamik Requests/Reports/Comments — - Strategic Plan Notation - Reminded staff to be sure to include the notation about alignment with the City's Strategic Plan on staff reports coming to Council. She said it helps keep the goals in front of everyone and on the top of their minds as programs and actions are considered. - Lawn Bowling 30th Anniversary - Attended this momentous occasion, and it was fun! - CVAG Executive Committee - Unanimous decision to receive and file the Master Plan for the CV/Link Project. - Cannabis Committee - Attended first Committee meeting with Councilmember Weber. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2016 c) Councilman Van G. Tanner Requests/Reports/Comments — - CVB Strategic Plan - Attended presentation on the Convention & Visitors Bureau Strategic Plan with one other Councilmember. Believed it will be exciting for everybody. - 7th Regiment. 1st Marine Division - Traveled to 29 Palms yesterday to visit with the City's adopted Regiment. Although he wasn't able to stay all day for the event, did get to see the Washington Drum and Bugle Corps perform (incredible), and there was also a silent weapons demonstration where all participants carry a 10-pound M16 and provided a 30-minute precision performance that was magnificent. While he was the only Councilmember able to attend this particular event, 12 Palm Desert Area Chamber of Commerce Members participated for the whole day. d) Mayor Robert A. Spiegel Requests/Reports/Comments — Thanked Management Analyst/P.I.O. David Hermann for all of his tremendous assistance in providing material for numerous speeches the Mayor had to give last week, starting with State of the City address on Friday, March 4. Further, commended Mr. Stendell for an excellent job presenting the General Plan Update information at State of the City. Another important event was Opening Day of the Baseball and Softball seasons on Saturday, March 5. 3. Council Consideration of Travel Requests and Reports: None XIX. ADJOURNMENT With City Council concurrence, Mayor Spiegel adjoumed the meeting at 4:54 p.m. i ATTEST: RA ELL D. KLASSEN, TY CLERK CITY OF PALM DESERT, CALIFORNIA 23