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HomeMy WebLinkAbout2016-09-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 8, 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. Hamik Councilman Sabby Jonathan Councilman Van G. Tanner Councilmember Susan Marie Weber Mayor Robert A. Spiegel Also Present: Justin McCarthy, Interim City Manager Robert W. Hargreaves, City Attorney Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Eric Ceja, Principal Planner of Community Development Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Finance/City Treasurer Lori Carney, Director of Human Resources Mark Greenwood, Director of Public Works Dan Talbot, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Anthony Baur, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department Sgt. David Adams, Palm Desert Police/Riverside Co. Sheriff's Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2016 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Public Employee Appointment pursuant to Govemment Code Section 54957: Title of Position: City Manager With City Council concurrence, Mayor Spiegel adjourned the meeting to Closed Session of the City Council at 3:00 p.m. He reconvened the meeting at 4:04 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 Robert A. Spiegel VII. INVOCATION - Councilman Van G. Tanner VII1. ORAL COMMUNICATIONS - B MR. MICHAEL HARRINGTON stated he resides in the City of Rancho Mirage, but it was worth commenting on The Desert Sun's issue on "Bullying and Fear of Retaliation," regarding the former City Manager. He said such complaints are so pervasive in cities here in the Valley. From his experience and observation and hearing other's inside stories from a neighboring city, also represented by BBK (Best Best & Krieger), lawyers will give the Council legalistic answers weighing the risk of litigation and other factors such as politics. But someone needs to take a stand and not tolerate bullying. He said a hotline was a legal answer for reporting, but what is needed is moral leadership to avoid having employees and citizens be afraid to speak out or report something for fear of retaliation or harassment. In his case, at another city, they asked for more police and were told more police were hired, but in actuality, cuts were made. Therefore, he encouraged the Council to be moral leaders and take a stand, because it had the bully pulpit from which to make a difference. MR. JIM SCHMID, Palm Desert, stated he was the Director of Operations at Lakes Country Club, is actively involved with local and regional golf industry groups, participates in other civic activities in the Valley, and is also a candidate for the Board of Directors of the Coachella Valley Water District. The reason for his visit is to ask the Council to consider a more prominent role for the City of Palm Desert as an advocate for water issues in the Valley. Multiple, current, and proposed 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2016 CVWD policies stand to have significant disproportionate impacts on Palm Desert residents and businesses. He said advocacy will be required to ensure Palm Desert residents and businesses are able to operate on a level playing field with other Valley cities. More east valley businesses have been given access to alternate supplies of water in lieu of groundwater, which have allowed them to operate at a lower cost than businesses in Palm Desert. For west valley users, comparably few have been connected to in lieu supplies other than groundwater, putting them at a competitive disadvantage to east valley businesses. Additionally, current CVWD projections for groundwater rates in the east valley top out at $66 per acre-foot. Here in the west valley, defined by an arbitrary line drawn on a map at Washington Street, is projected to hit $300 per acre-foot within four years, which is five times the rate of what east valley businesses are projected to pay. For the average golf course operator, the difference in these two rates pencils out to about $250,000 annually per 18 holes. It's certainly a significant impact on the local champions of commerce. Higher groundwater rates in the west valley contribute to higher domestic water cost for its residents than for residents of cities in the east valley. Also, the mid -valley pipeline project, which is currently the only credible option on the table for mitigating groundwater overdraft in Palm Desert, has already been delayed for 15 years and pushed out beyond the five-year planning horizon of the district. It leaves Palm Desert with no credible plan in place for groundwater overdraft mitigation in the near term, further leaving Palm Desert at risk of subsidence and other issues. Additionally, over ten years, CVWD has institutionalized stakeholder input and mechanisms in the east valley through the Joint Water Policy Advisory Committee. This Committee composed of east valley stakeholders has had heavy influence on district policy making. Currently, there exist no corresponding mechanism in the west valley for stakeholder input to be gathered. With pressures on water management rising, in large part due to the drought, it's more important than ever that Palm Desert stand up for its citizens and use its influence to ensure its residents are given a fair deal. He urged the Council, as the leaders of one of the most prominent and largest users in the west valley, to consider an increase role and advocacy at the water district. It's time to manage the water needs of this Valley as one to ensure water supply is safe, sustainable, affordable, and fair for everyone. Responding to question by Mayor Spiegel, he confirmed he had spoken with CVWD but had no luck. Mayor Spiegel pointed out that Supervisor John Benoit from the Riverside County Board of Supervisors and Executive Director Tom Kirk from the Coachella Valley Association of Govemments (CVAG) were in the audience to show their support for the upcoming presentations. Mayor Pro Tem Harnik also recognized that Desert Sands Unified School District Board Member Matt Monica was also in the audience today. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2016 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING SEPTEMBER 17-23, 2016, AS "CONSTITUTION WEEK" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Pro Tem Harnik presented the proclamation to Ms. Mary Ann Monica, Regent, Daughters of the American Revolution (DAR), Cahuilla Chapter, Palm Springs. Ms. Monica graciously accepted the proclamation on behalf of DAR and thanked the Mayor and Council for honoring Constitution Week, stating it was just one of the ways to continue to move forward serving this nation through historic preservation, education, and patriotism. Mayor Pro Tem Harnik stated that on the heels of talking about the Constitution, she had to acknowledge and recognize Judge James Latting and Justice Douglas Miller who were in the audience today. B. PRESENTATION TO RECOGNIZE ERICA HARNIK FOR HER HEROISM AND LIFE-SAVING ACT ALONG INTERSTATE 215 AND THE 91 FREEWAY IN RIVERSIDE, CALIFORNIA, IN MAY 2016. Mayor Pro Tem Harnik introduced Ms. Pat Scully from Assemblyman Chad Mayes office and District Representative Monica ldnani from Senator Jeff Stone's office, stating both will be making a presentation to Erica. Ms. Scully presented a framed resolution on behalf of California State Legislature Chad Mayes for the heroic and life-saving act by Palm Desert resident Erica Harnik, stating she was deserving of the highest public accommodation. Ms. Monica V. Idnani presented a framed Certificate of Appreciation on behalf of Senator Jeff Stone in honor of Erica Hamik's actions on May 4, thanking Erica for her service and commitment to the community. On behalf of the entire City Council, Mayor Pro Tem Hamik presented a framed proclamation to Ms. Erica Harnik for her heroism and life-saving act and proclaiming September 8, 2016, as "Erica Harnik Day," in the City of Palm Desert. Mayor Pro Tem Hamik stated that the overpass, where this live -saving act happened, is a mile long and it is 90 feet above the ground, stating it's one of the highest in Riverside County. Additionally, City Attorney Bob Hargreaves pulled up onto that overpass and wondered why the traffic had stopped and watched the whole incident happen, which shows what a small world it is. She added that her daughter Erica continually says it was 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2016 a team effort and it's only human nature to want to help, but she disagreed, stating it was Erica's nature. Mayor Spiegel presented Erica with a key to the City for being the first person, in the 22 years that he has served on the Council, to successfully take care of a person that was going to commit suicide. Mayor Pro Tem Harnik recognized that Harold Hopp, a presiding judge of Riverside County, was also in attendance today. Ms. Erica Harnik thanked the Council and everyone in attendance for the recognitions. Councilman Tanner invited Brian Harnik to join his family at the podium for photo taking. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 25, 2016, and the Special City Council Meeting of August 24, 2016. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 8/12/2016, 8/19/2016-(2). Rec: Approve as presented. C. LETTER OF RESIGNATION from Norma Bussing — Art In Public Places Commission. Rec: Receive with very sincere regret. D. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal — Miscellaneous Office Equipment. Rec: By Minute Motion, declare chairs and brochure racks listed on the accompanying staff report as surplus and authorize disposal as proposed. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2016 E. REQUEST FOR ACCEPTANCE of Bid from iColor Printing & Mailing, Inc., for Printing of the 2017 City Calendar in the Amount of $9,828. Rec: By Minute Motion: 1) Accept the bid from iColor Printing & Mailing, Inc., Los Angeles, California, for printing of the City's Annual Calendar for 2017 in the amount of $9,828; 2) authorize Mayor to execute same — funds are available in the 2016-2017 Marketing Budget, Account No. 1104417-4309101. F. REQUEST FOR APPROVAL of Amendment No. 1 to Contract for Legal Services with the Firm of Richards, Watson & Gershon, Amending the Fee Calculation for Bond Counsel Services (Contract No. SA28881) (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: By Minute Motion, approve Amendment No. 1 to the subject contract for Legal Services with Richards, Watson & Gershon, amending the fee calculation for Bond Counsel Services. G. REQUEST FOR AUTHORIZATION to Purchase Two (2) Extended Cab Chevrolet Colorado WT Pickup Trucks from Courtesy Chevrolet Center in the Amount of $48,598.06. Rec: By Minute Motion, authorize purchase of two (2) Extended Cab Chevrolet Colorado WT Pickup Trucks from Courtesy Chevrolet Center, San Diego, California, in the amount of $48,598.06 — funds are available in Account No. 5304210-4403000 - Fleet Equipment Replacement. H. REQUEST FOR AUTHORIZATION to Purchase Two (2) Ford F-150 Super Cab Pickup Trucks from Fairview Ford Sales, Inc., in the Amount of $48,613.18. Rec: By Minute Motion, authorize the purchase of two (2) Ford F-150 Super Cab Pickup Trucks from Fairview Ford Sales, Inc., San Bernardino, California, in the amount of $48,613.18 — funds are available in Account No. 5304310-4403000 - Fleet Equipment Replacement. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2016 I. REQUEST FOR AUTHORIZATION to Purchase One (1) Ford F-150 Pickup Truck from Fiesta Ford in the Amount of $21,838.89. Rec: By Minute Motion, authorize the purchase of one (1) Ford F-150 Pickup Truck from Fiesta Ford, Indio, Califomia, in the amount of $21,838.89 — funds are available in Account No. 5304310-4403000 - Fleet Equipment Replacement. J. REQUEST FOR AWARD OF CONTRACT to International Environmental Corporation for the Fiscal Year 2016-2017 Tree Pruning at Desert Willow Golf Resort (Contract No. C35380). Rec: By Minute Motion: 1) Authorize award of subject contract to International Environmental Corporation, Panorama City, California, for the FY 2016-2017 Tree Pruning at Desert Willow Golf Resort in an amount not to exceed $29,250; 2) authorize Mayor to execute said contract — funds are available in FY 2016-2017 Course and Grounds Expenses Account, No. 5204195-4803100. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C35000 — Cap Homme/Ralph Adams Park Upper Park Shelter Replacement (Project No. 927-16) (T. J. Janca Construction, Inc., Orange, CA). Rec: By Minute Motion: 1) Accept the work as complete; 2) authorize the City Clerk to file a Notice of Completion for the subject contract. L. REQUEST FOR APPROVAL of Final Expenditures Associated with Relocation of Fashion Week El Paseo and Food & Wine Festival Palm Desert to Palm Springs Life in the Amount of $12,561.29. Rec: By Minute Motion, approve reimbursement of expenditures to Palm Springs Life in the amount of $12,561.29 for costs associated with the relocation of Fashion Week El Paseo and Food & Wine Festival Palm Desert. M. REQUEST FOR APPROVAL of Road Closures and Sponsorship for 2016 Bighorn Behind A Miracle (BAM) Event on Saturday, November 19. Rec: By Minute Motion, approve: 1) Two-phase road closure plan on El Paseo from Highway 74 to Sage Lane on Saturday, November 19, 2016, for the BAM Event; 2) event sponsorship in the amount of $15,000; 3) appropriation of $15,000 from Unobligated General Fund monies to Account No. 1104416-4306201 (City -Sponsored Events). 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2016 Upon a motion by Harnik, second by Weber, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None), the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR CITY COUNCIL REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION ACTION, DENYING THE PROPOSED ARCHITECTURE OF A NEW 5,280-SQUARE-FOOT INDUSTRIAL BUILDING LOCATED AT 34750 SPYDER CIRCLE, Case No. PP 16-76 (Robert Ricciardi Architects, Applicant). Mayor Pro Tem Harnik and Councilman Jonathan recused themselves from this item and left the Council Chamber. Associate Planner Kevin Swartz stated the proposed building is planned for the vacant site located on the north end of the City within the Service Industrial Zone District. The building architecture was presented and reviewed by the Architectural Review Commission (ARC) at three separate meetings, June 14, July 12, and July 26, 2016. He displayed the renderings that were shown at the first ARC meeting, which had two accesses, one at the north end and the other at the south end. The ARC stated that the architecture of the building lacked articulation and design interest. The Applicant disagreed, but was willing to make changes. He pointed out the building material is split faced block with the darker shade as the ban that goes across the top and the middle of the building. The second rendering he displayed illustrates the changes the Applicant made. The building is the 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2016 same size and shape, the only change is that he added more split faced concrete, which is shown as the darker color in the renderings. These modifications were proposed at the third meeting, but again, the ARC stated that the additional color was not enough, and that the building still lacked articulation, design interest, and it didn't fit with the surrounding area. Ultimately, the Commission denied the project. He said it was worth noting that the ARC liked the split face block, so it didn't have to be a stucco or plaster finish, but felt the building across the street had more interest. He displayed photographs of adjacent buildings where different elements and awnings were used to help break up the building. Lastly, he displayed a rendering of what the Applicant was proposing. Staff recommended Council reaffirm the action of the Architectural Review Commission and deny the proposed architecture. Responding to question about parking, he said the building will have adequate parking. MR. ROBERT RICCIARDI, Applicant, stated regional architecture was the name of the game. When he came to the desert in 1960, they tried to build things that looked like they belonged in the desert, stating the Council may recall the College of the Desert was a very nice concrete building that was sandblasted. Initially, there were issues with it, because some of the reinforcement steel was exposed after the sandblasting, so they asked the architecture John Carl Warnecke from San Francisco to look at it, and he said it was exactly the look he was going for because the building looked like it had been there for thousands of years. When the City of Palm Desert incorporated to build City Hall, it hired an architect from Arizona who did the same thing with the concrete block. Therefore, the proposed building for his project is similar; the exterior is all one color and it looks very nice. In fact, he's had several awards for this type of architecture. What he was saying, is that the proposed building design is meant to look like it belongs in the desert. The other thing is that the site is extremely small, and it's less than a half acre. The other buildings that were displayed by staff, the owner bought two lots and built two, two-story buildings, where there was opportunity to add articulation. He added that the buildings used for comparison is two stories, and his is one story. Additionally, this industrial building is a start-up building. So if a fellow wants to start a plumbing, air conditioning, or sheet rock installation business, etc., it can be done. He believed these were the types of things the City envisioned for this subdivision, because on the west side is a huge shopping center. Across from Dinah Shore are all these huge lots. However, the City created all these small lots in there, so if you don't buy two lots, you can't get a two-story building on it. He said a two-story building doesn't work well if one is trying to rent it, even in commercial, adding that the second floor does not rent as well as the first one. In conclusion, he believed he designed a building that was in keeping with what the desert should represent and reflect in doing a desert regional style architecture. He said the Commission had nothing 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2016 against the material, especially the expensive split face, but they still didn't like it, and they couldn't tell him what they would like, except to say that it lacked articulation. He went on to say that if they have four suites and four different tenants, they will install signage above each front door, so that people will know where they're going. He said parking would be to the front, and the rear will be used by trucks to do their loading next to the roll -up doors, which are not visible to the public because the lots to the back are on higher elevation. The proposed building will fit perfectly well in this industrial area. He explained he couldn't use tilt -up concrete, because economially, it only works for 15,000 square -feet or larger buildings. Therefore, when looking at smaller buildings, one is spending more money to build, thereby having to charge more to rent it. These buildings rent at 77 cents a square - foot, and one has to stay in that area to keep cost reasonably low, while at the same time, having a nice -looking building. Therefore, he hoped the Council would agree that it's a nice -looking building that looks like it belongs in the desert. Councilman Tanner asked if staff or the Applicant inquired with the owners of the adjacent buildings to see if they were opposed to the proposed architecture, because he didn't seem to have difficulty with the construction or exterior architecture. He asked if there was any reason why the proposed renderings wouldn't work. MR. RICCIARDI replied there wasn't, stating it was just personal opinion. He said the building staff displayed was on a larger lot, and on the back, it has tilt -up walls; it's a huge building compared to the one he's proposing. He is constructing a building that is great for some who is starting a business, where you walk in the front door and there is a secretary area, an office, coffee area, a bathroom, and in the back is the shop, which is what his building represented. He went on to say that commercial buildings have moved toward industrial, as it did on Cook Street. When that started changing back in the 1970's before the City was incorporated, the County allowed industrial buildings on Cook Street and Hovley and named those streets Mediterranean and Boardwalk after the monopoly game. The County allowed a lot of industrial buildings in there, but at the same time, they had two-story buildings that bordered on the front of Hovley and Cook Street, which hid the industrial buildings in the back. However, as the town grew, those areas started becoming offices. Councilmember Weber agreed with the Applicant, in that it was going to be a lovely building. She said the building will fit well at that site and believed it will look just as the Applicant had planned. Additionally, she didn't see any definition of specificity for articulation. Therefore, she supported the Applicant's proposal as presented. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2016 Mayor Spiegel commented that the site is in an industrial area, it's meant to have businesses there, and he found nothing wrong with the building. He added that he's never sided against Architectural Review Commission, but in this particular case, he felt this building was adequate for the area. Mayor Spiegel moved to, by Minute Motion, deny the action of the Architectural Review Commission dated July 26, 2016, and approve the proposed architecture for Precise Plan No. 16-76 as presented. Motion was seconded by Tanner and carried by a 3-0 vote (AYES: Tanner, Weber, and Spiegel; NOES: None; ABSENT: Harnik and Jonathan). B. REQUEST FOR AUTHORIZATION TO PURCHASE TWO (2) FLATBED PICKUP TRUCKS FROM REYNOLDS BUICK, INC., IN THE AMOUNT OF $81,885. Mr. Greenwood stated the purchase of these two flatbed pickup trucks are to replace two aging flatbed trucks that are at the Corporation Yard. Councilman Jonathan noted Council approved the purchase of other vehicles under the Consent Calendar, so he wondered why this item was under New Business. Mr. Greenwood explained this item was over the threshold for the Consent Calendar dollar value. Further responding, he said that recently they have been auctioning old vehicles at a large auction house in the Los Angeles area. Mayor Pro Tem Hamik moved to, by Minute Motion, authorize the purchase of two (2) Flatbed Pickup Trucks from Reynolds Buick, Inc., Covina, California, in the amount of $81,885 — funds are available in Account No. 5304310-4403000 - Equipment Replacement. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). C. REQUEST FOR EXEMPTION OF BIDDING REQUIREMENT AS PROVIDED IN PALM DESERT MUNICIPAL CODE SECTION 3.32.090 TO ALLOW SOLE SOURCE PROCUREMENT OF REPLACEMENT PLANTER BOXES IN THE AMOUNT OF $93,900 FROM GREENDAY, LLC (PROJECT NO. 997-17). Mr. Greenwood recalled for the Council that during the budget process, staff received approval to renovate the San Pablo Community Gardens, similarly to what they did at the Guadalupe Community Garden. The concrete boxes purchased for Guadalupe have been very successful, stating everyone likes them. The boxes have proven to be durable, and there is an improvement to the design, making them less expensive. He added that this was a local 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2016 vendor using an innovative recycling process. Staff recommended continuing with Greenday, LLC. Mayor Pro Tem Harnik commented she loved the product and the whole concept. Responding to question about the number of planters being purchased, Mr. Greenwood confirmed all 50 boxes were for the Catalina Garden. He went on to say the current configuration has various sizes, and staff is standardizing to a single size, so that everyone has the same garden. It also allows a few more planters in the space, stating the garden currently had 40, and it will now increase to 50 planters. Mayor Pro Tem Harnik moved to, by Minute Motion: 1) Approve an exemption from the Bidding Requirement provided in P.D.M.C. Section 3.32.090 to allow sole source procurement of replacement Community Garden planter boxes from Greenday, LLC, Indio, California; 2) authorize purchase of 50 replacement Community Garden planter boxes in the amount of $93,900; 3) authorize Director of Finance to set aside a 10% contingency for the purchase in the amount of $9,390 — funds are available in Account No. 2364618- 4400100 - Recycling Fund. Motion was seconded by Tanner and carried by a 5-0 vote(AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). D. REQUEST FOR APPROVAL OF A CITY MANAGER EMPLOYMENT AGREEMENT WITH LAURI AYLAIAN FOR SERVICES AS THE CITY OF PALM DESERT CITY MANAGER AND APPOINTING HER AS CITY MANAGER EFFECTIVE OCTOBER 3, 2016 (CONTRACT NO. C35650). Ms. Camey stated that after a nationwide search and interviews on August 25, 2016, the Council chose Lauri Aylaian as their selected candidate for the position of City Manager. Council directed staff and City Attomey to prepare an agreement for her appointment. During the selection process, Council was provided with a compensation request of each of the finalist, along with salary market information for the Coachella Valley and Riverside County. Ms. Aylaian's salary request of $220,000 annually was reviewed by staff and found to be in line with similarly situated positions and similarly sized communities. Details of the compensation packet are included in the contract and staff report, and specific terms and other benefits are outlined in the Agreement. Staff has been in contact with Ms. Aylaian and she has agreed to the following modifications to the contract: 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2016 • Section 3. 1 - strike the word "upward" from the second paragraph so that it reads "...said Annual Base Salary shall be eligible for adjustments...'; • Section 3.4 Technology Allowance - Ms. Aylaian has agreed to modify the language to allow her to either choose a $40 per month stipend for the use of her cell phone or to receive a City provided cell phone; • Section 3.6, 3.7, and 3.8 (Sick Leave, Vacation Leave, and Management Leave Bank) - staff and Ms. Aylaian have agreed for these sections to be replaced by a benefit defined as "Paid Time Off." This Paid Time Off benefit would accrue to a maximum of 320 hours per year with 80 hours of that time front loaded and available for use on October 3, 2016. Additionally, this benefit would be limited to a balance of 320 hours at any one time. Staff requested authorization for the City Attorney to draft the contract with the terms and changes discussed with Council; • Section 10.4 - Reduction of Salary or Benefits, in the red -lined copy, the term "Annual Base Salary" was stricken. However, in the final version the term will be re-inserted. Therefore, it will read, "If the City Council reduces the Annual Base Salary or any other financial benefit of the City Manager in a percentage that is greater ... " • Section 10.8 (f) - this is a minor housekeeping change, the final version should read, "Breach of any material term of this Agreement, after thirty days notice..." • Section 12 - Other Terms and Conditions of Employment - there are references in the paragraph that states "City Code." For clarity, it will be changed to "Municipal Code." Ms. Carney stated staff was requesting authorization for the City Attorney to draft a contract, which represents these terms and changes discussed with Council. Councilman Jonathan thanked Ms. Carney, stating her work is always appreciated. He also thanked Dave Morgan of Ralph Anderson & Associates who led the Council through the process and did an outstanding and exemplary job. He said there were exceptionally qualified candidates, making the final decision difficult, but Council is thrilled with the ultimate selection and sensed staff felt the same. The compensation, which is an issue near and dear to his heart, because when it comes to City finances and Council's stewardship of its resources, he understood the salary is commensurate for this type of position statewide and valleywide. He added that compared to what was previously paid as a package, the new Agreement will be about $65,000 less, which was huge. Additionally, the severance component has a significance savings to as much as $160,000. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2016 He heard the new City Manager was pleased with the package, which was a rarity. He congratulated staff for a job well done. Councilman Jonathan moved to, by Minute Motion, approve as amended, the City Manager Employment Agreement with Lauri Aylaian for services as the City of Palm Desert City Manager and appoint her as City Manager effective October 3, 2016. Mayor Pro Tem Hamik noted the Council previously came up against some issues with accrual balances, so the maximum accrual balance of 320 hours was adequate. Certainly, the Council wants Ms. Aylaian to take time off and make the most of it, always coming back refreshed and ready to go. Councilmember Weber thanked Ms. Carney for leading the Council through this whole process, recognizing what she's been through these last few months. She also thanked Dave Morgan for leading the Council through this path, because everyone would agree it came to the conclusion of a wonderful selection. Councilmember Weber seconded the motion. Councilman Tanner stated everyone was extremely excited about the City's future and believed Council selected the best candidate from the exceptional ones brought forth by Mr. Morgan. Councilman Jonathan said Mr. McCarthy has done an outstanding job as Interim City Manager and he will be missed. Mayor Spiegel said the Council is very happy to have Ms. Aylaian as City Manager, stating the vote was unanimous. He added that the way the Council was lead through the process why dynamic. Mayor Spiegel called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2016 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manaaer's Meeting Summaries Report for the Period of August 15-26, 2016. With City Council concurrence, the Meeting Summaries were received and filed. B. CITY ATTORNEY None C. CITY CLERK Ms. Klassen noted the materials she provided to them, stating the Library is gearing up for the new season. She said attendance and circulation has been up in the six months since Ms. Janice Akel became the City Librarian. There have been good changes made and everyone looked forward to the future with much enthusiasm. Mayor Spiegel commented he was very impressed with the handouts and brochures, stating they looked terrific. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department Sgt. Adams stated that on Tuesday, September 27, they will hold another Coffee with a Cop Event at Starbucks on Washington Street near Albertson and CVS. He noted Lt. Baur handled the last event, which was well attended, stating they make no speeches and they have no hidden agenda. He invited the Council to attend the next event coming up. Mayor Spiegel said it's an excellent plan to invite the neighbors in the City to meet with police to express any concerns or just to pat officers on the back. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2016 Councilman Tanner was delighted to hear it was taking place in the moming and was looking forward to it. Lt. Baur introduced and recognized Deputy Steven Nelson, who is a member of the Palm Desert Police Department Tracking Team, stating he enforces impaired driving laws. He was recognized this aftemoon in Riverside at the Mothers Against Drunk Driver's Award Ceremony for arresting more than 40 impaired drunk drivers in a period of eight months in 2015. He added that impaired driving has a significant impact on the community, and unfortunately, there was a fatal traffic driving impaired collision over the weekend. Therefore, Deputy Nelson's efforts are extremely important as well as other officers in Palm Desert. Deputy Nelson stated this position was very important to him personally, recognizing that everyone is probably affected by a DUI whether it is a family member, a love one, and/or have been arrested. He is honored to be in a position where he affects lives and hopefully one of the 40 he arrested potentially saved someone's life. He thanked the City because a majority of his calls for service are generated by the public calling in about an impaired driver on the road. He encouraged the public to continue to call the Department if they see someone driving unsafe or under the influence. Responding to question, he confirmed the public can make a 9-1-1 call to make a report. E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilmember Susan Marie Weber's Meeting_ Summaries Report for the Period of August 13-27, 2016. With City Council concurrence, the Meeting Summaries were received and filed. 2. Council Requests for Action/Committee Reports/Comments: a) Councilman Sabbv Jonathan Reports/Comments: - CVAG Homeslessness Committee - He said they continue to do the work of this Committee and as a segue from public safety, they formed a working group jointly with the CVAG Public Safety and CVAG Homelessness Committees that will address the impacts, and it's very possible that Palm Desert's Sheriff's Department will be developing new and more effective procedures for helping the homeless and also reducing impacts. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2016 b) Mayor Pro Tem Jan C. Harnik Reports/Comments: - Coachella Valley Conservation Commission (CVCC) - She announced that Councilmember Susan Marie Weber was elected as the Vice Chair of the CVCC by unanimous vote. Councilmember Weber will be assisting as it purchases land to ensure open space. - Request for Update on the Arc Village Development - Director of Finance Janet Moore explained they were still in the process of their application for tax credits, and the Tax Credit Allocation Committee is going to be reviewing it, adding that the process takes three to six months. She will inform the Council when there is an update to report. - 2016 Symposium on the Affordability of Housing - She said this year the summit is being called, "The Cost of Not -Housing," stating it will cover important issues and hoped that staff from the Planning and Housing Departments will be able to attend. She also encouraged her colleagues on the Council to attend as well. - Southern California Association of Governments (SCAG) - She reported that 40% of the containerized goods movement of the United States is going through the region. Although this might not sound important when a semi -truck blocks traffic on Interstate 10 impacting the traffic infrastructure and affecting air quality, this year there was no money from the Federal Government to help with those impacts to the region. She said they will continue to be diligent and hopefully they will get funds next year. As huge warehouses are being built, it will become a more important issue in the future. c) Councilman Van G. Tanner Reports/Comments: - Coachella Valley Business Center - He noted he and Councilmember Weber attended the ribbon cutting on Monroe Street for the East Valley Economic Partnership. There was an incredible crowd and lots of interest from the east valley on developing their own economic partnership. Along with that, there is now a Small Business Administration office on Cook Street, which is fully manned. He said they will not exclude anyone from gaining experience and help with their educational process, which was one of Councilmember Weber's concern, because Palm Desert was not a member. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2016 - Palm Desert Sister Cities Foundation - He announced that on October 15, 2016, the Sister Cities Foundation is hosting a luncheon to celebrate the career of retiring Mayor Robert A. Spiegel. He encouraged everyone to make their reservations quickly, because there were only 60 seats left. 3. Council Consideration of Travel Requests and Reports: None XIX. ADJOURNMENT With City Council concurrence, Mayor Pro Tem Harnik moved to adjourn the meeting today in memoriam of United States Marine Corps Veteran James Sullivan who passed away recently, stating he was the veteran marine who was instrumental in the City of Palm Desert adopting the 7th Regiment in 29 Palms. Meeting was adjoumed at 5:07 p.m. ATTEST: ?i"-C-47") RAHELLE D. KLASSEI( CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEG-'rAYOR 18