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HomeMy WebLinkAboutPrelim - CC - 04-23-2013 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 25, 2013 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Harnik convened the meeting at 3:00 p.m. II. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilman Robert A. Spiegel Councilman Van G. Tanner Councilmember Susan Marie Weber Mayor Jan C. Harnik Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Casey Hartman, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff s Dept. Mary P. LaCross, Administrative Secretary Upon inquiry by Mayor Harnik, Ms. Klassen affirmed that the agendas for today's City Council and Successor Agency Meetings had been posted in accordance with the Ralph M. Brown Act. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 43-878 Portola Avenue (APN 622-200-055), Paim Desert Negotiating Parties Agency: John M. Wohlmuth/Martin Alvarez/City of Palm Desert Property Owner: Josephine V. Gaudio Trust Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 C. Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager Priorto adjourning to Closed Session, Mr. Erwin announced there was an item that had presented itself following posting of today's agenda that he wished to seek Council's action on to add by four-fifths vote. He said if added, it would appear on today's agenda under Section XIV - New Business, Item C: Request for A�proval of the Sale, Possession, and Consumption of Wine and/or Spirits at the Kentucky Derby-A Day At the Races Scheduled for May 4, 2013, at the Joslyn Cove Senior Center. Upon a motion by Spiegel, second by Tanner, and 5-0 vote of the City Council, the aforementioned request for the Joslyn Cove Senior Center was added to the agenda. On a motion by Spiegel, second by Tanner, and 5-0 vote of the City Council, Mayor Harnik adjourned the meeting to Closed Session at 3:03 p.m. She reconvened the meeting at 4:01 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA- Councilman Van G. Tanner 2 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 Vil. INVOCATION - Councilman Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE RON GREGORY FOR HIS 32 YEARS OF SERVICE TO THE CITY OF PALM DESERT'S ARCHITECTURAL REVIEW COMMISSION, APRIL 1981 - APRIL 2013. On behalf of the City Council, Mayor Harnik presented an engraved crystal clock to Mr. Gregory, honoring his 32 years of service to the City and its Architectural Review Commission. She added that he was not only appreciated by City Councilmembers in their official capacity but also as Palm Desert residents. Mr. Gregory graciously accepted the recognition and noted what a wonderful experience it had been for him to serve the City in this role. B. PRESENTATION TO RECOGNIZE WESTFIELD PALM DESERT FOR ITS INVALUABLE SUPPORT DURING THE PALM DESERT PUBLIC LIBRARY "REFRESH PROJECT" - 2012. On behalf of the City Council, Mayor Harnik presented an engraved travertine plaque to Westfield Palm Desert General Manager Patrick Klein and Marketing Director Franchesca Forrer. Mr. Klein said Westfield was very pleased to host the Palm Desert Library during the remodel,and he understood the finished projectwas unbelievable. He said the temporary site opened right before summer (a month after he was named General Manager), and when the Library asked for an extension through November, they were thrilled about the opportunity- it was a great way to get additional bodies into the mall. Further, he also understood feedback from the Library was terrific, with tremendous door counts experienced there. He added that this was something that they would be very open to looking at in the future for a permanent satellite location, providing the space was available for this venture. Mayor Harnik remarked that she and Councilman Spiegel participated in the opening of the temporary site last year; it was really a wonderful asset to both Westfield and to the City, and she again expressed appreciation. 3 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 C. APPOINTMENT OF JEFFREY NORMAN TO THE MARKETING COMMITTEE TO FILL THE UNEXPIRED TERM OF JENNA LEMASTER (DECEMBER 31, 2013). Councilman Spiegel moved to, by Minute Motion, appoint Mr.Jeffrey Norman of the McCallum Theatre to the Marketing Committee, filling the unexpired term of Jenna LeMaster (Dec. 31, 2013). Motion was seconded by Benson and carried by 5-0 vote. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 11, 2013. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 198, 199, and 203. Rec: Approve as presented. C. INDEPENDENT ACCOUNTANTS' REPORT on Agreed-upon Procedures Performed on the Measure "A" Transportation Fund for the Fiscal Year Ended June 30, 2012. Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meeting of January 15, 2013. 2. Parks & Recreation Commission Meeting of March 5, 2013. 3. Youth Committee Meeting of March 4, 2013. Rec: Receive and file. E. REQUEST FOR DECLARATION of Obsolete Office Furniture and Various Miscellaneous Items as Surplus and Authorize Disposal As Recommended. Rec: By Minute Motion, declare obsolete office furniture and various miscellaneous items listed on the accompanying staff report as surplus and authorize disposal as recommended. 4 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 F. REQUEST FOR DECLARATION of Vehicles, Equipment, and Various Miscellaneous Items as Surplus and Authorize Disposal As Proposed. Rec: By Minute Motion, declare vehicles, equipment, and various miscellaneous items listed on the accompanying staff report as surplus and authorize disposal as proposed. G. REQUEST FOR DECLARATION of the Two Zero-Emission, No-Noise (ZENN) Neighborhood Electric Vehicles as Surplus and Authorize Disposal As Recommended. Rec: By Minute Motion, declare the finro (2) ZENN Neighborhood Electric Vehicles as surplus and authorize disposal as recommended. H. REQUEST FOR APPROVAL of Additional Funds for Fiscal Year 2012-2013 in an Amount Not to Exceed $40,000 for Supplemental General Fleet Repairs from L & L Automotive, Inc., and Ozzie's Automotive, Inc. Rec: By Minute Motion, approve additional funds for FY 2012-2013 in an amount not to exceed $40,000 for supplemental general fleet repairs from L & L Automotive, Inc., and Ozzie's Automotive, Inc., both of Palm Desert, California — funds are available in General Fund Account No. 110-4331-413-3340 - R/M Fleet. I. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Purchase and Installation of 15 Vehicle Speed Feedback Signs in School Zones (Contract No. C32700, Project No. 595-13). Rec: By Minute Motion, authorize staff to advertise and solicit bids from qualified contractors for the purchase and installation of 15 Vehicle Speed Feedback Signs — project estimated to cost $140,000, with funding available in Traffic Signal Funds Account No. 234-4250-422-4001 - no General Fund money to be used for this expenditure. 5 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 J. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C32000A— Civic Center Sheriff's Substation HVAC Upgrades (Project No. 763-11). Rec: By Minute Motion: 1)Approve Change Order No. 1 in the total amount of$42,921.41 forthe subject contract with Anderson Air Conditioning, L. P., Fullerton, California; 2) authorize the transfer of $42,921.41 from contingency to base for the project; 3) approve a nine (9) calendar-day time extension to the contract; 4) authorize the Mayor to execute Change Order No. 1; 5) authorize the City Manager to finalize and execute any and all applications, agreements, and documents required by Southern California Gas Company or Southern California Edison to receive potential case incentives forthe HVAC upgrades. K. REQUEST FOR AUTHORIZATION to Release Security for Pele Development, L. P. (Tract No. 33018) (Pele Development, L. P., Applicant). Rec: By Minute Motion, authorize release of the security for Pele Development, L. P. (Tract No. 33018). L. REQUEST FOR AUTHORIZATION to Release Security for Precise Plan No. 10-302 - Department of Motor Vehicles(DMV)(Sycamore III, LLC, Applicant). Rec: By Minute Motion, authorize release of the security for PP 10-302 (DMV). M. REQUEST FOR APPROVAL of the Legislative Review Committee's Recommendation to Send Letter of Support for AB 741 (Brown) — Local Government Finance - "Property Tax Equalization." Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and approve sending a letter of support for AB 741 (Brown). N. REQUEST FOR AUTHORIZATION for the Mayor to Sign the "Get Tested Coachella Valley"Pledge and Authorize Coordination of Partnership Actions. Rec: By Minute Motion, authorize the Mayor to sign the "Get Tested Coachella Valley" Pledge, participate in public statements of support, and direct staff to coordinate the indicated Partnership actions. 6 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 O. REQUEST FOR APPROVAL of the 2014 Palm Desert Charter Middle School 5K Run, Road Closures, and Waiver of Palm Desert Municipal Code Sections Related to the Subject Event on Saturday, January 25. Rec: By Minute Motion: 1}Approve Palm Desert Charter Middle School 5K Run on Saturday, January 25, 2014; 2) approve road closures as indicated in the accompanying staff report; 3) waive Palm Desert Municipal Code Section 11.01.140 - Amplified Sound for the event; 4)waive Section 11.01.080(A)- Prohibited Conduct Generally in City Parks - Ride or Drive Motorized Vehicles or Other in Parks. Councilman Spiegel moved to approve the Consent Calendar as presented, noting that he wanted to express special appreciation for Item I, which authorizes calling for bids to purchase 15 Vehicle Speed Feedback signs that will be installed near the City's school zones. He added with more and more traffic around these areas and people often speeding, it was important to do as much as possible to increase safety. In answer to question, Mr. Greenwood expected these signs would be installed by the start of the fall school year. He added that this was all thanks to Transportation Engineer Mark Diercks, who was the force behind this project. Councilman Tanner seconded the motion to approve the Consent Calendar, and it carried by a 5-0 vote. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 2013 - 15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO ESTABLISH A FUND FOR PURPOSES OF ECONOMIC DEVELOPMENT PROJECTS IN THE CITY. Mr. Alvarez stated that after losing Redevelopment, the City has been looking for tools/programs in order to continue efforts for economic development purposes. Therefore,the subject resolution would establish an Economic Development Fund that would earmark funds for future Facade Enhancement Program projects. Prospectively, these could be geared toward Highway 111 and some of the aging building product there, also to attract new hotels for Palm Desert, along with providing a program to assist existing hotels improve their facades. In order to seed the Fund, there are two properties that the City's currently selling on the market: 1) Old Visitor Center at the corner of Highway 111 and Monterey Avenue, which is 7 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 currently in escrow, expected to close in next couple of months, and would provide approximately$450,000 of proceeds; 2) old Joni Yard, expected to be sold in the coming months, which is no longer needed and expected to generate about $300,000 - $325,000. In anticipation of those sales, if City Council so chose, it could earmark the proceeds and then choose to allocate them in a couple of ways. He referred to examples in the printed staff report indicating that of the$700,000, the amount of$400,000 could be chosen for facade enhancements on Highway 111, $250, 000 could be used for hotel facade enhancements and attractions, also $50,000 to hire a consultant to assist with new hotel attractions. Councilman Spiegel noted the Desert Sun article indicating that the City was closing its Corporation Yard, but it wasn't. He said the Joni Yard is an ancillary building on another piece of property and will not affect the City's Yard operation, which Mr. Alvarez confirmed. Councilman Spiegel further asked if there would be any reason preventing the City from approving a Facade Enhancement project on EI Paseo in the future if it so chose. Mr. Alvarez responded there wouldn't be a reason to prevent the City from working with an EI Paseo project. He added that staff would be developing new criteria and programs that will be returned to City Council for consideration once escrow closes on the old Visitor Center (at Monterey Avenue). At that time, Council could set the criteria for a specific area or broaden it to other areas of the City. Responding to comment, he affirmed that this will be a line item within the General Fund and Council can be flexible within it, except that it must be used for economic development. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2013-15. Motion was seconded by Tanner. In response to question, Mr. Wohlmuth confirmed that the action today is to create the Economic Development Fund, followed by returning to City Council at a later date with the actual criteria, plus what staff would recommend to seed each one of these programs. Mayor Harnik called for the vote, and it passed 5-0. XIII. ORDINANCES A. For Introduction: None B. For Adoption: None 8 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE PREDETERMINED NUMBER OF SPECIAL EVENTS HELD ON EL PASEO THAT REQUIRE SOME TYPE OF ROAD CLOSURE AT SIX (6) ANNUALLY. Ms. Riddle explained that staff was seeking City Council's approval of a predetermined number of events on EI Paseo. It was felt that if staff had some type of number, there would already be parameters in place to work from when event organizers approach the City. Additionally, as noted in the written staff report, she said if an event came forward that was potentially revenue-generating for the community at large or for businesses on EI Paseo, it would be specifically brought before City Council for consideration. She clarified that this recommendation was more about similar events, such as the 5K runs. Responding to question about any negative feedback from merchants on EI Paseo, she said it depends on the event. She didn't think the 5K runs generated any feedback. She noted that the recent "Bunny Hop" course was altered on Easter Sunday to benefit everyone; otherwise, closure of Portola Avenue would have had a greater impact on residents that morning. She said the Golf Cart Parade potentially causes a bit of heartburn for some merchants, but she was unaware of any other feedback. She suggested that Economic Development Manager Ruth Ann Moore may have more information. In answerto inquiry about the upcoming AEG Amgen Bicycle Race closure of EI Paseo, she said it will be closed only for a short period of time. Councilman Tanner moved to, by Minute Motion, approve a total of six (6) Special Events to be held on EI Paseo annually, including: 1) Behind A Miracle - mid-November; 2) Martha's Village and Kitchen 5K Run/Walk - Thanksgiving Day in November; 3) Golf Cart Parade - last Sunday in October; 4) Bunny Hop 5K Run/V1/alk - March/April (Easter Sunday); 5) Fashion Week- March; 6)to be determined, providing that it is not held within the same month as the aforementioned, or, if a competing event, it is not scheduled so as to have a negative impact on an existing event or on retail or restaurant businesses in the district. Motion was seconded by Spiegel and carried by 5-0 vote. Councilmembers noted this afternoon's Budweiser Clydesdales appearance on EI Paseo. 9 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 B. REQUEST FOR AWARD OF CONTRACT TO WESTBOUND COMMUNICATIONS AND BURKE RIX COMMUNICATIONS IN THE AMOUNT OF $291,000 FOR PROFESSIONAL SERVICES RELATED TO THE 1 E11 PARKWAY PROJECT — FUNDS TO BE REIMBURSED THROUGH A GRANT FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CONTRACT NO. C32270B). in answerto question,Senior ManagementAnalyst Ryan Stendell stated that the City will expend $291,000 and will be paid back. He added that it's a reimbursable grant, noting that recommendation item number 2 was to appropriate monies to a special fund for this purpose. He said as the City pays out money, it can request reimbursement from the Department of Transportation and backfill those funds. Further, he responded that the Funding Agreement with the Department of Transportation has already been signed, and the grant is the City's. Mayor Harnik added that she sat on the panel that conducted the interviews from which Burke Rix and Westbound Communications were selected, they all did a great job, particularlythese two,who demonstrated a real knowledge of the community. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Westbound Communications and Burke Rix Communications in the amount of$291,000 for Professional Services related to the 1 e11 Parkway Project; 2) appropriate $291,000 from Fund 400 Capital Reserve monies to Account No. 400-4915-466-4001 —funding to be reimbursed through a California Department of Transportation Grant. Motion was seconded by Tanner and carried by a vote of 5-0. NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA BY A 5-0 VOTE OF THE CITY COUNCIL AT THE CONVENING OF TODAY'S MEETING. C. REQUEST FOR APPROVAL OF THE SALE, POSSESSION, AND CONSUMPTION OF WINE AND/OR SPIRITS AT THE KENTUCKY DERBY- A DAY AT THE RACES SCHEDULED FOR MAY 4, 2013, AT THE JOSLYN COVE SENIOR CENTER. Councilman Tanner advised that he knew Joslyn had host-liquor liability insurance for serving without charging. However, he wanted to ensure that the City obtains a Certificate of Insurance showing this one-day event and that the City is named as an Additional Insured, and Ms. Riddle agreed to get this documentation. Councilman Spiegel moved to, by Minute Motion, permit the sale, possession, and consumption of wine and/or spirits at the Kentucky Derby-A Day At the Races-scheduled for May 4, 2013, at the Joslyn Cove Senior Center. Motion was seconded by Tanner and carried by 5-0 vote. 10 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 XV. CONTINUED BUSINESS A. REQUEST FOR DIRECTION REGARDING UTILITY UNDERGROUNDING IN PALM DESERT (Continued from the meeting of December 13, 2012). Councilman Spiegel moved to, by Minute Motion, continue this matter to a date uncertain. Motion was seconded by Benson. Mr.Wohlmuth stated this item was before Council four months ago, and staff was directed to work with Merilee Colton, a Palm Desert citizen who'd recently moved here from Marin County. He said she is proceeding,working with City Management AnalysUPublic Information Officer David Hermann to set up a website, and getting petitions signed in her neighborhood for an Undergrounding District. Further, he understood from Mr. Hermann that it was going well, and staff recommends allowing Ms. Colton to go through the process and see whether or not it comes to successful fruition for utility undergrounding. Additionally, staff requested time to get the required Finding of Completion (FOC) from the California Department of Finance (DOF) as part of the Redevelopment Agency's dissolution in order to potentially provide options to the community at a later date, probably within two months. He noted that the matter was continued to this specific meeting, and staff is requesting further continuance to allow the process to work and to investigate other options, such as former Redevelopment Agency bond proceeds. MS. LESLEY MILLER, GoldflowerStreet, Palm Desert,said she and another resident were the ones really behind the movement, where they currently have 73% of the local homeowners in an effort to bring about the undergrounding. She urged action on the matter as soon as possible, because it was likely the area was headed for a very hot summer, and there have previously been three electrical fires in their immediate finro-block neighborhood that caused considerable damage. Further, there have been several homeowners in the neighborhood whose trees have been topped, most notably one occurrence of three 50-year-old palm trees in a series that had been beheaded, causing some distress and urgency in the matter. She said they didn't want another fire to occur before the funding comes through. From the homeowners' point of view, they've done all that they can, having dutifully collected more than sufficient signatures, which are in the process of being verified by the City Clerk. She said they were fully aware of the shortage of Redevelopment funds, but if there was anything at all that would help speed up the process, they hoped it could be done. Mayor Harnik restated the previous recommendation from the continued staff report to: 1) Retain Palm Desert's existing process for creation of 11 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 assessment districts;2)allow neighborhoods to determine their own feasible and cost-effective undergrounding utility district boundaries; and 3) determine if there are bond proceeds that can be used. She didn't see any commitment of funds at this point, just exploration, and Mr. Wohlmuth agreed. She supported the City's exploration of this process, as she felt it was important to give it due consideration to learn if the City can or can't do it. She added that Ms. Colton was very positive and constructive in her approach to the matter, and if it can continue to go forward in that fashion, she agreed. She didn't hear anyone asking for City funds at this point, it was just being reviewed, and she supported that. MS. MILLER pointed out that there was some ambiguity between the assessment districts that were previously formed and whatever they come up with currently. Therefore, she said they were gathering signatures with no particular parameters in mind and asked for clarification from an administrative standpoint so that they can stop canvassing the entire neighborhood for signatures. She felt this was purely an administrative issue and not one dependent on funds. She reiterated that it was mainly their goal to avert a summer disaster. In answerto Councilman Tanner's question, she stated that she and Ms. Colton have been trying to determine an appropriate size of an Undergrounding District based upon those previouslyformed,such as working on both sides of property located in front of and behind an existing utility pole. She added that she lives on one street, Ms. Colton on another, and Ms. Colton has really gone beyond the two streets, but they're unsure how much farther to go. Everything's been submitted, the citizens have done everything they can right now without further direction from the Council. Councilman Spiegel recalled from previous experience that when 70% of residents supported going forward on a district, then the City has to go out and determine what the cost will be. Then that's given back to the people in the whole area, and if they get 51% of those people to agree on the money that they need to spend, it goes forward. In answerto comment, he affirmed that he'd been a participant in the Undergrounding District on Bel Air, estimating it contained 50-60 houses. MS. MERILEE COLTON, Salt Cedar Street, Palm Desert, said they have 87 parcels she's working with so far. She noted the old map attached to City Council Resolution No. 00-135 that the City was looking at re-adopting in Decemberwas outdated. She said it had suggested utility districts from year 2000; and it was staff's intent to allow neighbors more flexibility to be able to draw their own districts. However, the downside to that is since she's not an Edison engineer, and having a group of homes and then trying to overlay the electrical grid to figure out the most efficient way to proceed was the point they're at now. She said they've got the five cul de sacs east of Desert Lily that represent somewhat of a thumb-shaped area of a hand, because all the 12 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 residences around them are undergrounded communities. She wanted to do more — all the way to EI Paseo — but was sure that Edison wouldn't undertake that much territory in one project, as she'd already spoken with them about it. Secondly, she said they would like to have a successful project get off the ground so that others will be inspired and join this effort. Councilman Spiegel pointed out that it wasn't just Edison that needed to be involved but also Time Warner Cable and the telephone company, which all have to figure out what the cost will be in order to proceed. He emphasized that it wouldn't happen this summer, noting that it took eight or nine months when the installation took place in his neighborhood. MS. COLTON offered that they believe their group has enough signatures to go on to the next phase of this process. Upon inquiry, Mr. Wohlmuth recounted intent of the discussion in December was that the preexisting boundaries drawn by City staff in 2000 were arbitrary; perhaps they were drawn with some concept that if the whole area within a boundary was undertaken, cost efficiency for that boundary area would work. During the December discussion, City Council said since these boundaries are arbitrary, if a neighborhood wants to work togetherto develop an Undergrounding District that has 87 instead of 250 homes, then the neighborhood could choose to do that. However, City staff doesn't know whether or not it would be cost-efficient. At this point, the Salt Cedar neighborhood could bring their desire to form a district to us, then the City works with Edison to come up with the design and engineering of the system, which will take several months. After the design and engineering, City can get a cost estimate of undergrounding a district as a whole, then get the assessment engineerto start spreading that to each home within that district. If the proposed district meets the policy of having over 70% support to proceed at the outset, then it's taken to a ballot with the specific cost per home. Each property owner can vote on the district based on their assessment and willingness to participate; if 51% approve, then that assessment is placed on the tax roll and construction commences. He acknowledged that the process is rather lengthy. But the City does not have a cost, and he agreed with Ms. Colton's earlier comment that we do not yet know whether or not it's cost effective to have 87, 95, or 105 homes, but at some point we work with Edison to ascertain the number. MS. COLTON and MS. MILLER noted that they have 71% support from the 87 homes they've canvassed, agreeing that they wanted the utility companies' input in order to do the most cost-effective job. Ms. Miller added that they wanted to make sure that this process is moving along as reasonably fast as possible and wanted to know how many more signatures, if any, were needed in order to proceed. Responding to further question about verification of signatures on the petition turned in, Ms. Colton said they 13 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 turned in about 65% on April 5, and as of last Tuesday, they were at 75%. She said the names she was working from were obtained from the Assessor's Office records, because the only person eligible to sign the petition and vote was the homeowner. In answer to question about how soon the Council could look at this issue again, Mr. Wohlmuth responded that the design and engineering will have a cost associated with it. Therefore, he suggested that this take place after Palm Desert receives the Finding of Completion (FOC) from the State Department of Finance (DOF), having to do with the Redevelopment Agency's dissolution. He said as a ballpark figure to think about, the Palm Desert Country Club Undergrounding design and engineering cost was slightly over $1 million, and there are no such funds budgeted currently. Councilman Spiegel observed that the Palm Desert Country Club Undergrounding proposal had the initial number of people required to go forward with the process of obtaining design and engineering, and they ended up turning it down. Mayor Harnik interjected that at that time, residents there were also dealing with another occurrence of an operator walking away from the golf course. MS. COLTON noted also that there were 1,200 homes there; the scope is different. Councilman Spiegel agreed but wanted everyone to remember that there were Redevelopment dollars available at that time. Mr. Wohlmuth suggested that the City go through the petition applications and signatures, then sit down with organizers to discuss, along with Edison present to see whether or not the boundary makes sense from a cursory review, and then proceed accordingly. Hopefully, the City will receive its FOC soon, then the City Council may have money to allocate to design and engineering and for the public portions of the undergrounding. Responding to question about howthe current situation compares to the recommendation on the December staff report that was continued until today, he reiterated that the City does not yet have its FOC, so there is no money to do the design and engineering. Residents cannot be charged for design and engineering until they approve the district;they can't approve the district until they have the cost, so it would probably be about two months' time before starting the design and engineering. He recommended continuance of two months, and staff will work with the petitioners, Ms. Colton and Ms. Miller, and with Edison to see if they think this boundary makes sense. MS. COLTON appreciated that effort. She reminded City Council that previously the Redevelopment Agency was able to assist, and hopefully 14 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 good news will be forthcoming in the next couple of months along those lines. But for the future she cautioned that there will need to be other funding sources for groups coming forward who want to underground utilities in their neighborhoods. MS. MILLER concurred with the history of previous districts, adding that perhaps funds could be wrapped into the bond funding, because it is a unique situation in that there are no other Redevelopment monies available. She noted that she'd written to Mr. Wohlmuth about this issue around two years ago, and then Ms. Colton took up the challenge. She urged seeking some creative way to do the necessary financing through issuance of bonds. Mr. Wohlmuth replied that the City cannot do any financing until there is a district; the district isn't formed until there is a vote, and the vote cannot be taken until the dollar amount is known. He agreed that one should be able to work backwards in such a process, but it doesn't happen that way with an assessment district proceeding, unfortunately. It is the City's hope that there are some bond proceeds from the former Redevelopment Agency that can assist with design and engineering that would allow getting to the dollar amount and then the vote. Councilman Spiegel amended his previous motion to continue the matter to the Council's second meeting in June. Responding to question about this being enough time and having more good information to work with by then, Mr. Wohlmuth said that was staff's hope, and it will certainly give time in between to sit down with organizers and Edison about the boundary parameters. Further, he said if Palm Desert receives its FOC, in staff's review of the former Redevelopment Agency bond documents, there is perhaps seed money to do the design and engineering for these type of projects. Mayor Harnik noted that while the City and staff have been working very hard on it, obtaining the FOC has been rather elusive to date. Councilman Tanner seconded the amended motion to continue the matter to the Council's second meeting in June, and it carried by a vote of 5-0. 15 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 XVI. OLD BUSINESS A. REQUEST FOR ACCEPTANCE OF WORK FOR CONTRACT NO.C31670—ACCESSIBLE PEDESTRIAN SIGNAL PROJECT(PROJECT NO. 562-12) (PTM General Engineering Service, Inc., Riverside, CA). Councilman Spiegel moved to, by Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Motion was seconded by Tanner and carried by 5-0 vote. B. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO CONTRACT NO. C31700 WITH SUNGARD TO ADD PERSONNEL ACTION FORMS AND APPLICANT ONLINE MODULES TO THE ONESOLUTION SOFTWARE SUITE. Human Resources Manager Lori Carney stated that staffwas requesting two modules be added to the ONESolution Software Suite approved in March 2012. First is a module for automated Personnel Action Forms (PAFs), which will allow staff to be more efficient with data entry for all the actions taking place with Personnel and how they interact with Payroll. The second being requested was an online application system, which will allow people to apply for any open positions from the City's website as they become available. It will allow easier sorting of qualified applicants, filtering, and storage, and it will also then eventually integrate with the City's Personnel and Payroll systems if the person is hired. Additionally, she said that this request also sought to increase the project's training budget, because it's a huge undertaking affecting multiple departments and will be important to do it right. Responding to question about the online application process, she confirmed that an applicant can attach a resume but not a photograph, because the City would not request a photograph. Councilman Tanner moved to, by Minute Motion: 1)Approve Amendment No. 1 to the subject contract with SUNGard for purchase and installation to add the Personnel Action Forms and Applicant Online Modules to the ONESolution Software Suite, plus additional online and onsite training in support of the ONESolution Software conversion in the amount of $56,700; 2) appropriate said funds from the Unobligated Equipment Replacement Reserves Account, No. 530-4190-415-4040 for this project. Motion was seconded by Weber and carried by a 5-0 vote. XVII. PUBLIC HEARINGS None 16 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of March 28 - April 12, 2013. Mr. Wohlmuth offered to answer questions about the Meetings Report. With City Council concurrence, the Meeting Summaries were received and filed. B. CITY ATTORNEY None C. CITY CLERK 1. Announcement of Joint City Council-Planning Commission Study Session — Thursday, May 9, 2013, at 2:00 p.m., Administrative Conference Room — Zoning Ordinance Update. Ms. Klassen called attention to scheduling of the subject Study Session prior to the next regular City Council Meeting on May 9. Councilmembers acknowledged the announcement. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: None 17 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 2. City Council Consideration of Travel Requests and Reports: None 3. City Council Committee Reports: None 4. City Council Comments: a) CERT Class (Community Emer�qency Response Team) — CouncilmemberWebersaid thanksto Risk ManagerSteveAryan, she was pleased to be able to participate in a CERT Program over the last couple of weekends, along with City Office Assistant Ann Avery. She heartily recommended that everyone take the training; it was wonderful education about being prepared for an emergency, because she forewarned that the"big one" is coming. She added that they've been talking to Steve about enhancing the program to provide more presentations of the class, as there are a lot of community members very interested in it. b) Senior Inspiration Awards Proaram - April 12 — Mayor Harnik said she and Mayor Pro Tem Benson attended the event two weeks ago, and it was truly inspirational. She noted that members of the community at least 70 years of age are recognized for what they do for the area and how they increase the quality of life here. c) Candleliaht Viail for Riverside County Victims of Violent Crime — Mayor Harnik reported that she and Councilman Spiegel attended the Vigil Tuesday, and it was a very moving experience. She went on to note that as a result of the Boston incidents in the last 10 days, everyone has been very poignantly reminded that our freedoms as citizens do not come easily. She urged everyone to respect and cherish their freedoms, and she thanked the community's first responders, as well as those throughout the nation, for everything they do for us. d) Armenian Genocide Remembrance/Celebration Event — Councilman Tanner commented that last evening he attended the Armenian Remembrance Event. In light of the aforementioned comments about freedom and terror, he related that 77 members built the Armenian Church in Rancho Mirage, and their story is a most historic and memorable one coming out of the small Middle Eastern country. He encouraged anyone interested to pursue learning more about it. 18 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 2013 5. Suqgested Items for Future City Council Meeting Agendas: None XIX. ADJOURNMENT On a motion by Spiegel, second by Tanner, and unanimous vote of the City Council, Mayor Harnik adjourned the meeting at 4:46 p.m. JAN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 19