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HomeMy WebLinkAboutPrelim - CC - 03-27-2014 / 1 1�� PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 27, 2014 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 !. CALL TO ORDER - 3:00 P.M. Mayor Tanner convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilmember Jan C. Harnik Councilman Robert A. Spiegel Mayor Pro Tem Susan Marie Weber Mayor Van G. Tanner Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Robert W. Hargreaves, Assistant City Attorney Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Jessica Gonzales, Housing Department Management Analyst Casey Hartman, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite No. 114, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: State of California, Dept. of General Services Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite Nos. 211 & 224, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: State of California, Dept. of Food & Agriculture 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 D. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Party: John M. Wohlmuth/City of Palm Desert With City Council concurrence, Mayor Tanner adjourned 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 2 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 MayorTannerwished Councilmember Benson the happiest of birthdays, noting that prior to convening the meeting at 3:00 p.m. today, Councilmembers and staff enjoyed a cupcake to celebrate the occasion. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA- Councilmember Jan C. Harnik VII. INVOCATION - Mayor Van G. Tanner VIII. ORAL COMMUNICATIONS - B MS. ELAINE ELDRED, President of the Palm Desert High School Foundation, said they are the non-profit organization that supports academic excellence forthe City's only public high school, which ranks in the top 5% of 37,000 high schools in the nation. She said the Foundation wished to invite City Councilmembers to their upcoming golf tournament/dinner fund-raising event on Saturday, April 12, at Desert W illow Golf Resort. She presented fliers forthe event, including applications for sponsorship opportunities, in hopes that the Council would join them and also invite their friends to do so to help support the Foundation's efforts. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF MEMBERS TO THE CITY'S HOTEL & SIGNATURE EVENTS COMMITTEE. Councilman Spiegel moved to, by Minute Motion, appoint the following seven (7) Community Members to the Hotel & Signature Events Committee, with staggered terms of two, three, and four years to be determined at the Committee's organizational meeting: 1) Ralph Scatena, General Manager, JW Marriott Desert Springs; 2)Jeff Kokinacis, Sales Director, Embassy Suites Hotel; 3) Arnold Kirschenbaum, General Manager, The Inn at Deep Canyon; 4) Marilyn L. Dyer, Marketing Manager, Club Intrawest; 5) Mitch Gershenfeld, President & CEO, McCallum Theatre; 6) Scott White, President & CEO, Greater Palm Springs Convention 8� Visitors Bureau; 7) Barbara deBoom, President & CEO, Palm Desert Area Chamber of Commerce, making a total of nine (9) Members, including Councilmembers Harnik and Spiegel, and Councilmember Benson (Alternate). Motion was seconded by Weber. Councilmember Harnik noted that when the concept was first brought to the City Council, it was for a"Hotel Committee," modeled after some of the Hotel Committees in other cities, to be comprised of hoteliers and, perhaps, a representative from the CVB (Greater Palm Springs Convention & Visitors Bureau). However, she felt the City had kind of lost its way here. She said the subject Committee now very closely mirrors the mission of the existing Marketing Committee, which became very evident during this week's 3 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 Marketing Committee Meeting. She believed the Citywas duplicating efforts; the line was very gray in between where one body started and the other stopped. She pointed out that the effort and the idea behind the Hotel Committee was to develop a stronger hotel market through hotel attraction, innovative hotel improvement projects and events. Therefore, she felt it would be appropriate to go back and take a look at the original intent and not duplicate efforts. It was one thing if the Hotel Committee invited a representative of the McCallum Theatre to make a presentation, or if a representative from the McCallum wished to do a presentation to the Hotel Committee with an event idea. She asked that the motion be amended to continue the matter in order to re-study the original intent. Councilman Spiegel agreed to amend his motion, moving to, by Minute Motion, continue the matter of the Appointment of Members to the City's Hotel &Signature Events Committee to the meeting of April 24, 2014. Mayor Pro Tem Weber also agreed to amend her second to the motion, and it carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 13, 2014. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 183, 186, and 187. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS forthe Month of January 2014 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meetings of January 8 and February 12, 2014. 2. Audit, Investment&Finance Committee Meeting of January 28, 2014. Rec: Receive and file. 4 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 E. RESOLUTION NO. 2014- 18-A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Paper Records from the Office of the City Clerk that Have Been Digitally Imaged (March 12, 2014, List). Rec: Waive further reading and adopt. F. LIMITED PROCEDURES REVIEW of Various Palm Desert Operators for Compliance with the City of Palm Desert's Transient Occupancy Tax(T.O.T.) Ordinance for Calendar Years 2011 and 2012. Rec: By Minute Motion, receive and file the Limited Procedures Review of various Palm Desert Operators for compliance with the City of Palm Desert's T.O.T. Ordinance for Calendar Years 2011 and 2012. G. REQUEST FOR AWARD OF CONTRACT to TNV Towing for Towing Services for Inoperable and Abandoned Vehicles Pursuant to the City's Abandoned Vehicle Abatement Program (Contract No. C33430). Rec: By Minute Motion: 1) Award the subject contract for removal of abandoned and inoperable vehicles to TNV Towing,Thousand Palms, Califomia; 2) authorize the Mayor to execute said contract on behalf of the City—contractor will receive no compensation directly from the City but from the sale of junked vehicles and/or parts to salvage and vehicle dismantling yards. H. REQUEST FOR AWARD OF CONTRACT to Cora Constructors, Inc., in the Amount of $41,410 for Construction of the Highway 111 Curb Ramp Modification Project (Contract No. C33130, Project No. 753-14A). Rec: By Minute Motion: 1) Award subject contract for Construction of the Highway 111 Curb Ramp Modification Project to Cora Constructors, Inc., Palm Desert, California, in the amount of$41,410; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $4,141; 3) authorize the Mayor to execute the agreement—funds are available in Account No. 213-4312-433-4001 - Measure "A" - ADA Curb Ramp. 5 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 I. REQUEST FOR AWARD OF CONTRACT to Westcon Construction, inc., in the Amount of$45,960 for Construction of the 2014 Curb Ramp Modification Project (Contract No. C33170, Project No. 753-14). Rec: By Minute Motion: 1) Award subject contract for Construction of the 2014 Curb Ramp Modification Project to Westcon Construction, Inc., Indio, California, in the amount of $45,960; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of$4,596; 3)authorize the Mayor to execute the agreement— funds are available in Account Nos. 110-4312-433-3320 - ADA Curb Ramp and 231-4312-433-4001 - New Construction Tax/ADA Curb Ramp. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C32870A - 2013 Traffic Signal Maintenance Project (Project No. 580-13) (Siemens Industry, Inc., Anaheim, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Upon a motion by Harnik, second by Spiegel, and 5-0 vote of the City Council (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; 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 6 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 XIV. NEW BUSINESS A. CONSIDERATION OF AN APPEAL OF AN ORDER TO ABATE A PUBLIC NUISANCE DATED FEBRUARY 20, 2014, FOR VIOLATIONS OF PALM DESERT MUNICIPAL CODE SECTION 8.20.020 ON THE PROPERTY LOCATED AT 73900 MOUNTAIN VIEW AVENUE (William T. and Debby L. Fiannery, Appellants). Councilmember Harnik said she would recuse herself from consideration of this item and left the Council Chamber. Code Compliance Supervisor Pedro Rodriguez noted the printed staff report for the subject Appeal on an Order to Abate of February 20, 2014. He said the subject property has been in violation intermittently in the past, but on November 19, 2013,the City received a complaint that violations visible from the public right-of-way existed. A subsequent inspection from the right-of- way revealed that there were some violations on the property. He said staff made five attempts to obtain permission from the property owner to bring him into compliance, but were unsuccessful. Between January 13-February 11, 2014, the City mailed letters, posted notices, and made telephone calls, but was not granted access. Therefore, on February 18, 2014, staff went to the Courthouse and obtained an inspection warrant. He noted that photos included in the printed report indicate the situation revealed during the inspection on February 19. He said an Order to Abate was mailed, and Mr. Flannery appealed, leading to today's consideration. He called attention to the overhead screen in the Council Chamber, displaying additional photographs taken on the dates of March 3, 20, and 27, providing documentation of the progress made on the property, or lack thereof. Mr. Rodriguez said the basis of the Appeal was the Appellant requesting more time, and the additional photos taken by staff illustrated the combustible materials and ignition sources nearby. After consulting with the Fire Department, which provided a letter (Exhibit "M" in the staff report) stating the property was a fire hazard, he said that Fire also indicated that should there be a problem, their response would be to protect surrounding properties, because of the safety issues involved at the subject address for responding firefighters. He said staff was invited back to the property on March 4 at 9:11 a.m. in order to conduct an inspection voluntarily on Mr. Flannery's behalf; however, there were still a lot of tires on the property, both in front and back. He called attention to a fire pit also found in the middle of the yard on March 4, and there were indications that some type of material was recently bumed in it. With all the combustibles around the fire pit and the winds being experienced in the City recently, he said it was very conceming that an ember may float off and cause a fire. Upon questioning 7 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 about the fire pits, he said that Mr. Flannery claimed that it was homeless people just coming onto his property, making fires to stay warm, and that he had no control over it. He said that creates another concern in that he cannot control his property, because a fire danger was imminent with all the combustible material. He then referred to a series of photos taken, at the invitation of Mr. Flannery, during an inspection of the property on March 24. For the most part, he noted that the amount of materials present did not change, and the fire pits showed more charred matter nearby, indicating that more burning had occurred in them. Upon inquiry, he said Mr. Flannery said it was people from the street doing the buming. He said that there has been some improvement, but not to the level necessary that would preclude staff from proceeding with the abatement, subject to Council's authorization. Further, Mr. Rodriguez referred to photos taken this morning, when Mr. Flannery invited staff to inspect around 9:30 a.m. to demonstrate progress, and there were stacks of tires now in the street and a dumpster was on site. He said Mr. Flannery claimed that one of the local tire companies was going to haul the tires for free, which he hadn't yet substantiated. In the meantime, if the tires remain there and are not removed, the City will have to take immediate abatement action because they're in the public street; although, he was being given opportunity to remove them on his own by the end of today. He noted in a photo of the side yard that the tires were gone from that location. Additionally, he said Mr. Flannery called about 2:45 p.m. today to request that staff return to the property to reveal more progress. Photos taken there less than an hour ago indicated tires still in the same place, the bin was full and the trailer was empty; some of the debris was still there, people were working on his property, but the pile of materials was still present and hasn't changed much, other than the tires — lumber, some debris in the back remains, along with the fire pit. In answer to question, he believed Mr. Flannery is the person occupying and in control of the property, and his parents own the home. He noted that Mr. Flanneryadmitted to being the responsible partyforconditions on the property. He referred to one last aerial photo of the property from the City's GIS program taken in March 2013, showing a great deal of debris, particularly tires on both sides of the home. He commented that there are some significant improvements from what it looked like then, but not to the point where staff felt comfortable that it was no longer a violation. He was also concerned that Mr. Flannery may not be capable of removing all the debris on his own, even though it appeared he was attempting to do so, and it was the City's hope that this could get done. He stated staff recommended Council uphold its determination to abate the property by obtaining a warrant in case Mr. Flannery fails to comply, and if so, immediate action will be taken. 8 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 In answer to question about the length of time Mr. Flannery would be given, Mr. Rodriguez said if Council upheld the Order to Abate, the warrant would be obtained next week. He explained that this would provide Mr. Flannery with, in essence, a free pass over the weekend since the Courts are closed. Staff intends to go to Court first thing Monday and expects to obtain the warrant the same day. Councilman Spiegel moved to, by Minute Motion, deny the Appeal dated March 3, 2014, and uphold the Order to Abate a Public Nuisance dated February 20, 2014, making a determination and finding that the existence and storage of junk, trash, debris, tires, fumiture, appliances, cardboard, and other unsightly items at 73900 Mountain View Avenue constitutes a public nuisance as outlined in the Orderto Abate a Public Nuisance. Motion was seconded by Benson. Upon inquiry about what happens after the warrant is obtained, Mr. Rodriguez said staff obtained a preliminary bid to clean-up the property (Exhibit"K"in the staff report), but believed the amount would change slightly because of the work that's been done to this point. Once the warrant is in hand, staff will come in, provide Mr. Flannery with 24 hours' notice that the City will be there the next day to abate, and law enforcement will also present in case there are any issues. He said once the property is abated, a lien will be placed on the property to recover the City's costs. Further, he said the City typically works with the property owner or occupant in such situations in order to identify any personal items of value or that are common items that typicatly belong in a side or rear yard (i.e., patio equipment, bicycles, tools). In response to question about putting future restrictions on the property to keep him from piling things up again, he thought the only avenue for this would be through an injunction, deferring to the City Attomey for further response. Mr. Hargreaves responded that after this experience, the property owner would realize the City meant business and would be less likely to repeat the behavior. However, if he did, the City would have the same remedy, or it can actually go ahead, file a lawsuit, and get an injunction. While unsure what the outcome would be, he said it's possible the property owner/occupant might be willing to enter into some type of property maintenance agreement. He added that without knowing the individual, it was hard to guess how he might react. In answer to question about any type of warning that the City could issue once the lot was clear that it remain that way, he said the City could make it clear after it's incurred the expense that will become a lien on the property and emphasize that if it happens again,the same process would be repeated. Councilmember Benson felt the City should send such a letter/notice to Mr. Flannery so there's something in writing that the City's cleaned up the lot, 9 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 and letting him know that if it happens again, this is the consequence. Mr. Hargreaves agreed to do so. Responding to comment about the lack of landscaping and question if that aspect of the property was in compliance, Mr. Rodriguez said most of the landscaping wasn't really visible from the street because of the row of shrubs at curbside. At the driveway, he said there is some landscape, but it's on the backside and not too visible from the street; the rest is concrete. He confirmed that there is a broken fence on the property, which staff was dealing with separately because two property owners were involved. The adjoining neighbor who shares the common wall would have to be notified to make repairs to the fence. Further confirming, he said the $1,200 line item on the preliminary bid (Exhibit "K")was merely for removal/disposal of the substandard fence that's in danger of falling over. Mayor Tanner called for the vote on the motion to deny the appeal dated March 3, 2014, and uphold the Order to Abate dated February 20, 2014, for 73900 Mountain View Avenue, and it carried by 4-0 vote (AYES: Benson, Spiegel, Weber, and Tanner; NOES: None; ABSENT: Harnik). B. REQUEST FOR APPROVAL OF THE SUB-REIMBURSEMENT AGREEMENT BETWEEN THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) AND THE CITY OF PALM DESERT FOR THE JEFFERSON STREET INTERCHANGE AT INTERSTATE 10 PROJECT (CONTRACT NO. C33440). Mr. Chen stated the Sub-reimbursement Agreement was between CVAG, County of Riverside, and all Coachella Valley cities for the local share of the Jefferson/I-10 Project. The agreement sets out the background and rationale behind the local share cost, based on a benefit-assessment valuation method to determine each city's contribution. He said Palm Desert's share of 2.5% of the cost seemed reasonable, and staff recommended Council approve the request. He added that staff calculated Palm Desert's estimated cost of$312,500 based on the project's anticipated total cost of $50 million, of which the 25% local share is approximately $12.5 million, and it's 2.5% of that amount. Responding to question, he affirmed that it was Measure "A" money to be used. He said there was one amendment to recommendation item number 2 appearing on the agenda, which should state "Appropriate $312,500 from Unobligated Measure "A" Fund in Fiscal Year 2014-2015." He went on to say currently, the Jefferson/I-10 Project is in the final design stage and entering the right-of- way acquisition process,with County of Riverside being the lead agency. He said the project was anticipated being out to bid at the end of 2014, with construction commencement sometime in early 2015. 10 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 Councilmember Harnik moved to, by Minute Motion: 1) Approve the subject Sub- reimbursement Agreement between CVAG,Cities of Cathedral City,Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, Rancho Mirage, and the County of Riverside for the Jefferson Street Interchange Project at I-10; 2)appropriate $312,500 from Unobligated Measure "A" Funds in the Fiscal Year 2014-2015 Budget; 3) authorize the Mayor to execute said agreement — funding is available in Unobligated Measure "A" Funds. Motion was seconded by Spiegel. Responding to Councilman Tanner's comment about the Coachella Valley cities' contribution percentages, Mr. Chen said it was based on the Transportation Project Priority Study by this consultant, noting that he, too, was curious about the allocations. Councilmember Harnik interjected that the formula is very complex. She said it has been looked at many times; and every once in awhile when someone objects to the percentages, they use a different formula and wind up having to pay more than what they originally objected to, plus the study costs more. She explained that it has to do with vehicle origination points and destinations and was well thought out. Mayor Tanner called for the vote on the motion to approve the Sub-reimbursement Agreement between CVAG and the City for the Jefferson/I-10 Interchange Project and related actions, and it carried 5-0 (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). C. REQUEST FOR APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH DIANE R. GLADWELL, MMC, GLADWELL GOVERNMENTAL SERVICES, INC., TO PERFORM RECORDS MANAGEMENT CONSULTATION AND TRAINING, AND FOR DEVELOPMENT OF RECORDS RETENTION SCHEDULES FORALL CITY DEPARTMENTS (CONTRACT NO. C33450). Ms. Klassen reported that Ms. Gladwell is an expert in records management processes, adding that she was a very vivacious individual, very hands-on, and she does not utilize sub-contractors. She said given the level of attention that is required in the City Clerk's Office, including Fair Political Practices regulations and forms to monitor, and keeping current projects flowing through with less staff to do so, it would be best to have someone specifically dedicated to work with designated staff members in each department to develop records management practices. She added the Clerk's Office has become increasingly aware of the need to train staff in the other City Departments after being frequently contacted about how to handle the volume of records they each maintain. She said often the request is made to destroy records, but staff is cautioned that there are certain 11 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 procedures and requirements that must be followed in handling the City's records first before this can occur. Councilmember Harnik said after looking at the fiscal analysis in the staff report, doing the job right sure saves the City a lot of money and felt this was good training for the City. Mayor Pro Tem Weber agreed. Mayor Pro Tem Weber moved to, by Minute Motion, approve the subject contract with Gladwell Govemmental Services, Inc., Lake Arrowhead, California, in the amount of $12,200 to perform Citywide Departmental Records Management Training and Retention Schedule Development, and authorize the Mayor to execute same —funds are available through the Mid-year Budget Adjustment approved on February 13, 2014, in City Clerk Professional/Other Account, No. 110-4111-410-3090, for this purpose. Motion was seconded by Harnik. Mayor Tanner observed that the amount being requested for the contract was the same as the contractor proposed previously. Ms. Klassen responded that Ms. Gladwell did not increase the proposal cost from the time it was originally received, and upon contacting her before taking it forward now, she agreed to keep the price the same. Mayor Tanner called for the vote on the motion, and it carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). D. REQUEST FOR APPROVAL OF FIRST AMENDMENT TO RENEW CONTRACT WITH SAME DAY EXPRESS IN THE AMOUNT OF $39,996 FOR THE PERIOD OF JULY 1, 2014, TO JUNE 30, 2015, FOR MAINTENANCE SERVICES FOR THE CITY OF PALM DESERT'S PERMANENT PUBLIC ART COLLECTION AND THE EL PASEO EXHIBITION (CONTRACT NO. C32741). In answer to question about whether or not the contract had been out to bid, Management Analyst Deborah Schwartz said staff did so last year, and the contract provided for the option of three additional years. At the end of those three years, the City will go out to bid again. Councilman Spiegel moved to, by Minute Motion, approve First Amendment to renew the subject contract, its first extension, with Same Day Express, Palm Desert, California, in the amount of $39,996 — July 1, 2014, to June 30, 2015, for Maintenance Services forthe City's Permanent Public Art Collection and the EI Paseo Exhibition—funds are available in Account No. 436-4650-454-3372. Motion was seconded by Weber and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). 12 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 E REQUEST FOR AWARD OF CONTRACT TO ANDY'S LANDSCAPE 8� TREE SERVICE, INC., IN THE AMOUNT OF $67,008.80 FOR THE 2014 CITYWIDE PALM TREE PRUNING PROGRAM (CONTRACT NO.C33290, PROJECT NO.931-14)(JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Landscape Manager Spencer Knight reported the subject contract represented the City's yearly palm tree pruning project, same as it's been doing for many years. He added that Andy's has worked with the City in previous years and is expected to perform as he's done in the past. Councilman/Member Spiegel noted that Andy's provided the lowest bid, is a Palm Desert business, and moved to, by Minute Motion: 1)Award subject contract for the 2014 Citywide Palm Tree Pruning Program to Andy's Landscape & Tree Service, Inc., Palm Desert, California, in the total amount of $67,008.80 (City - $59,947.20; Housing Authority- $7,061.60); 2) authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $6,700.88 (City - $5,994.72; Housing Authority - $706.16); 3)authorize the Mayor/Chairman to execute the agreement—funds are available for the portion of the contract relative to the City and Assessment Districts in Parks & Recreation Account Nos. 110-4610-453-3320, 110-4611-453-3320, 110-4610-453-3371, and Repair/Maintenance Medians Account No. 110-4614-453-3370, and Assessment District Fund 200 Accounts; for the Housing Authority, funds are set aside in the FY 2013- 2014 and proposed FY 2014-2015 Housing Authority Operating Budgets for this purpose. Motion was seconded by Weber and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). F. REQUEST FOR DIRECTION RELATIVE TO TAX ROLL BILLING AND RECYCLE AND VEHICLE IMPACT FEES FOR RESIDENTIAL SOLID WASTE AND RECYCLING COLLECTION IN THE CITY. Responding to question of whether or not this matter should be continued, Mr. Wohlmuth said it shouldn't be continued, Council should simply provide direction to staff following the discussion held at this afternoon's 2:00 p.m. Study Session on the topic. Ms. Riddle said based on that discussion, Council pretty much directed the staff report's Option 3, with the phasing-in being done slightly differently. Councilmember Harnik agreed that it was Option 3, with the phasing-in of fees for commercial accounts being 50% the first year, 100% the second year. Mr. Wohlmuth concurred and added that direction was also to pursue Tax Roll Billing for residential accounts. 13 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 With Council concurrence, staff was directed to pursue a variation of Option 3 from the printed staff report, including tax roll billing for residential and a finro-year(50% in the first, 100% in the second year) phase-in to implement the Recycle and Vehicle Impact Fees to commercial accounts for Solid Waste and Recycling Collection. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A REQUEST FOR AWARD OF CONTRACT TO W EST COAST ARBORISTS, INC., IN THE AMOUNT OF $106,392 FOR THE 2014 CITYWIDE TREE PRUNING PROGRAM (CONTRACT NO. C33200, PROJECT NO. 932-14) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Landscape Manager Spencer Knight noted this contract represented the City's annual broad-leaf tree pruning project. He added that the project had been before Council at its February 27 meeting;there were some issues with the bids not being done correctly, it was re-bid, and these were the results. He said here, again, the low bidder's references didn't meet the criteria put forth in the specifications for the project, so staff was recommending rejection of it and awarding the second lowest bid. Responding to question about the discrepancy between the lowest and second lowest bids, he said this was often the case, particularly in landscape work. He noted one of the dynamics encountered frequently is someone coming in that hasn't done City work, is trying to gain that experience, and therefore, comes in with a relatively low bid. Councilmember/Member Harnik moved to, by Minute Motion: 1) Declare the bid received from Liberty Landscaping, Inc., as non-responsive; 2) award subject contract for the 2014 Citywide Tree Pruning Program to West Coast Arborists, Inc., Grand Terrace, California, in the total amount of$106,392 (City- $76,736; Housing Authority - $29,656); 3)authorize the Director of Finance to set aside an additional 10% contingency in the total amount of$10,639.20 (City - $7,673.60; Housing Authority- $2,965.60); 4) authorize the Mayor/Chairman to execute the agreement — funds are available for the portion of the contract relative to the City and Assessment Districts in Parks & Recreation Account Nos. 110-4610-453-3320, 110-4611-453-3320, 110-4610-453-3371 , and in Repair/Maintenance Medians Account No. 110-4614-453-3370, and Assessment District Fund 200 Accounts; for the Housing Authority, funds are set aside in the FY 2013-2014 and proposed FY 2014-2015 Housing Authority Operating Budgets for this purpose. Motion was seconded by Weber and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). 14 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of March 4 - 14, 2014. Mr. Wohlmuth noted the printed report provided in the agenda packet and offered to answer questions. In response to inquiry about the March 14 meeting with Southern California Edison (SCE) regarding utility poles, he said it had to do with Edison reporting on making investment into its infrastructure in the City and their strategy for replacing what are, essentially, 50-year-old power poles. For safety reasons, SCE is going through all of its facilities—vaults, power poles, lines—to develop an infrastructure improvement strategy. He added that he'd heard from some residents in the proposed Tamarisk (District 12) Utility Undergrounding District, questioning why the poles would be replaced now. He said bottom line here is that they are Edison facilities; if they believe there's a safety issue, they'll replace the poles. He noted that the City is going ahead with the Utility Undergrounding Assessment District, recalling that as was reported at the February 27 Council Meeting, it's an approximate 18-month process to complete the engineering work. Therefore, new poles will provide service and consistent powerto those homes overthe next 18 months. He reiterated that it was SCE's call whether or not to replace their poles in their easement. With City Council concurrence the Meeting Summaries were received and filed. B. CITY ATTORNEY None C. CITY CLERK None 15 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 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 2. City Council Consideration of Travel Requests and Reports: None 3. City Council Committee Reports: a)SunLine Transit Agency—Councilman Spiegel said this morning he and Mr. Wohlmuth went to a public meeting with SunLine staff held at the Joslyn Center. SunLine staff will be recommending to their Board a direction change for the route there so it will no longer come down Catalina Way, which was good news to many people at this morning's meeting. However, he said there were still many seniors living in that area without their own car, and it was advantageous to those seniors to have some sort of transportation. Mr. Wohlmuth added that SunLine's hearing was scheduled for May 4, and if approved, it will take time to publicize the new route direction. He said it won't simply go down Catalina to San Pablo from Portola Avenue; it will turn left from San Pascual onto Fred Waring at the signalized intersection there. Residents were primarily concerned with the larger buses going down the entirety of Catalina, and this proposal solves part of that problem. Responding to question about whether or not the route will travel San Pablo to Catalina then San Pascual, he said that SunLine made an excellent presentation at this morning's forum, and they were repeating it at 5:00 p.m. today. He went on to say that the presentation was provided on the big screen, and while he was slightly unclear about the direction the route would be going, the existing Route 53 goes all the way down Catalina 16 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 from Portola to San Pablo. He presumed that the new route will go from Portola, down Catalina, turning right onto San Pascual, then left onto Fred Waring. He noted that SunLine's planner indicated that they couldn't make a sharp left turn at Fred Waring and San Pascual because of the grade difference. Upon inquiry about whether or not Catalina residents were satisfied with the proposal, Mr. Wohlmuth answered they appeared to be happier with the reroute option and the fact that it would be taken to the SunLine Board. Although, he said they criticized Joslyn Centerfor wanting bus service there because College of the Desert students were utilizing that line,which he believed was a good thing. He added that Catalina residents still questioned why there needed to be a Route 53 at all; but that was up to SunLine, not the City. Further, he said Route 53 has only been in place for three months and needs a bit more time to determine ridership. SunLine prefers between 6 and 12 months of passenger records. Responding to comment, he agreed that if SunLine finds Route 53 to have low ridership, they will assess whether or not it's needed at all in future plan documents. Councilmember Harnik hoped they would use a 12-month period of time to make that determination. b) Riverside County Transportation Commission — Councilmember Hamik noted that while the City was always very cautious in this regard, in the report received at the last RCTC Meeting, there seems to be a lot of proposed legislation that will take more and more control and funds away from cities and give it to Sacramento. 4. City Council Comments: a) Councilmember Benson expressed sincere gratitude to her colleagues and City staff for the birthday celebration, the cupcakes, and the time staff devoted to create an album containing photos taken over the years of her service on the Council. She said it was absolutely fantastic, and she was thrilled to receive such a wonderful gift. She added that she never expected to be on the City Council for as long as she has been, nor did she think she'd reach the age of 90 years — both events were remarkable to her. b) 2014 Fashion Week / Food & Wine Festival — Councilmember Hamik commented that both of the recent events were wildly successful and that she's heard nothing but good things about them from people who attended. She, herself, attended a number of the 17 PRELIMINARY MINUTES D R A F T REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 associated events and was very proud that it was part of Palm Desert. Mayor Tanner agreed that it was outstanding. 5. Suggested Items for Future City Council Meetinq Aqendas: None XIX. ADJOURNMENT On a motion by Spiegel, second by Weber, and 5-0 vote of the City Council(AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None), Mayor Tanner adjourned the meeting at 4:41 p.m. VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 18