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HomeMy WebLinkAbout2013-07-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 11, 2013 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Hamik convened the meeting at 3:00 p.m. II. ROLL CALL Present: Absent: Mayor Pro Tem Jean M. Benson Councilman Van G. Tanner Councilman Robert A. Spiegel Councilmember Susan Marie Weber Mayor Jan C. Harnik Also Present: John M. Wohlmuth, City Manager Robert W. Hargreaves, Assistant City Attorney Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs J. Luis Espinoza, Assistant Finance Director Stephen Y. Aryan, Risk Manager Jason Finley, Supervising Plans Examiner Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk Upon inquiry by Mayor Hamik, Ms. Klassen affirmed that the agendas for today's City Council, Successor Agency, and Housing Authority Meetings had all been posted in accordance with the Ralph M. Brown Act. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) .. None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 74719 King Fisher Circle (APN 624-440-027), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Jerry White and Diana M. Corica Under Negotiation: Price Terms of Payment 2) Property: 42148 Verdin Lane (APN 624-440-003), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Justin E. and Patricia Mansker Under Negotiation: x Price x Terms of Payment 3) Property: APN 640-140-017 Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/Ruth Ann Moore/ City of Palm Desert Property Owner: Rita SpiegeVPalm Desert Partners Under Negotiation: x Price x Terms of Payment 4) Property: 43878 Portola Avenue (APN 622-200-055), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/City of Palm Desert Property Owner: Josephine V. Gaudio Trust Under Negotiation: _g. Price x Terms of Payment 5) Property: APNs 694-170-014 and 694-170-023 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Govemment Code Section 54956.9(d)(2): Number of potential cases: 2. 2 Ole mil MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 C. Conference with Legal Counsel regarding potential to initiate litigation pursuant to Govemment Code Section 54956.9(d)(4) Number of potential cases: _1 With City Council concurrence, Mayor Hamik adjoumed the meeting to Closed Session at 3:02 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 - Mayor Jan C. Hamik VII. INVOCATION - Councilman Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MR. SABBY JONATHAN, representing the Family YMCA of the Desert, 43930 San Pablo Avenue, Palm Desert, came forward to thank the City Council for all its support. He noted that he was joined here today by Acting Executive Director Paula Simonds, who was filling in for Executive Director Rob Ballew while he recovers from eye surgery, as well as other YMCA staff. He provided a brief report about the various programs offered by the YMCA thanks to the much -needed support of the City Council. — The Jean M. Benson Childcare Center/Child Development Preschool is always in high demand, provides financial assistance to those eligible, focuses on a healthy lifestyle for the kids and their families. The YMCA is very proud of this program and believes it's helping a lot of kids and their families. The Preschool provides developmentally -appropriate leaming activities for those who need them, as well. — Lincoln Elementary After School Program is a school -year program in partnership with Desert Sands Unified School District, available to 100 students, providing tutoring, creative curriculum, community service, and daily physical programs from the end of the school day to 6:00 p.m. — Before/After School Licensed Childcare at Carter and Regan Elementary Schools. There is also summer licensed childcare, the only provider in the desert to do this. This program is consistently rated extremely high by parents, with the most frequent comment being made is that they're happy knowing that their children are in a safe and caring environment. — Youth In Govemment for high school student participants from various schools throughout the Coachella Valley. It's an intensive six-month program that runs September - March, culminating with a "takeover" of the State Capitol in 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 Sacramento for four days. Director Dallas Williams last year was named as the Youth In Govemment Leader of the Year, and the YMCA is very proud of him for for this honor. — Sports Programs that include Flag Football, Basketball, Karate, Y-Rookies, etc. — Summer Camps, including Camp Oaks in Big Bear, Surf Camp in San Diego, and various day camps right here at the San Pablo Center, featuring cooking, Lego, Explorers, Jedi, and many others. — Aquatics Program at the very popular Palm Desert Aquatic Center, with the first six months of this year reaching admission of over 8,100 individuals compared to 7,200 last year (a 12% increase). It's expected that through the third quarter, which will include the summer, it will be an even greater year-to-year increase. The "team To Swim" Day recently held at the Aquatic Center was a very successful event, and the YMCA believes that lives have been saved as a result of this outreach where quite a number of individuals were taught to swim. In addition to competitive and recreational swimming, the Aquatic Center hosts Senior Water Aerobics, Scuba classes, Paddle Boarding classes, etc. Ws anticipated that creative and innovative programs will continue to be added, such as the very popular Underwater Easter Egg Hunt. In summary, Mr. Jonathan said these were but a few of the programs hosted by the YMCA in the City of Palm Desert that would not be possible without the City's support, allowing the YMCA to meet its mission. He again thanked the City Council. Mayor Hamik said she appreciated Mr. Jonathan's remarks and felt the YMCA was a tremendous asset to the community; it makes a difference in a lot of lives. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION RECOGNIZING SUNDAY, JULY 14, 2013, AS THE 100T" BIRTHDAY OF PRESIDENT GERALD R. FORD. Mayor Harnik noted that this and the following proclamation were being presented by the City to recognize President Gerald R. Ford on his 100"' birthday and for his humanitarian efforts following the Vietnam War. Organizers of an event being held this weekend in Dana Point in his honor were unable to be present today to receive the proclamations, so the City had already mailed them off in advance. B. PRESENTATION OF PROCLAMATION DECLARING APRIL 5TH IN PERPETUITY AS "GERALD FORD DAY" IN THE CITY OF PALM DESERT. Please see the remarksiunder Item A above. MIN 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 27, 2013. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 240, 244, 245, 248, and 251. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#722) by Pinnacle Landscape Company in the Amount of $42,574. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pho Vu, 34260 Monterey Avenue, Palm Desert. Rec: Receive and file. E. LIBRARY PROMOTION COMMITTEE Meeting Minutes for February 20, 2013. Rec: Receive and file. F. LETTER OF RESIGNATION from Kim Snyder — Art In Public Places Commission. Rec: Receive with very sincere regret. G. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C32210 — Desert Willow Reservoir Cover Replacement Project (Project No. 861-12) (Layfield Environmental Systems Corporation, Spring Valley, 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. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C32630 — Traffic Signal L.E.D. Indication Replacement Project (Project No. 583-13) --- (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. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 I. REQUEST FOR APPROVAL for the Riverside County Office of Emergency Services to Provide Instructors fora Community Emergency Response Team (CERT) Course During Summer 2013 in an Amount Not to Exceed $2,000. Rec: By Minute Motion: 1) Authorize staff to proceed with one CERT Course, with instruction provided by the Riverside County Office of Emergency Services (OES); 2) appropriate $2,000 from the Unobligated General Fund Reserves to Account No. 110-4130-411-3090 for any costs associated with hosting one CERT Course. J. REQUEST FOR AUTHORIZATION for the Mayor to Execute Bill of Sale and Declaration Document to the Coachella Valley Water District (CVWD) for Sewer Facilities Constructed in Association with the Section 29 Retention Basin Repair Project (Project No. 627-11). Rec: By Minute Motion, authorize the Mayor to execute the Bill of Sale and Declaration Document to the Coachella Valley Water District for sewer facilities constructed in association with the Section 29 Retention Basin Repair Project. K. REQUEST FOR APPROVAL of the Legislative Review Committee's Recommendation to Draft Correspondence Concerning the Agua Caliente Band of Cahuilla Indians' Lawsuit Against Coachella Valley Water District (CVWD) and Desert Water Agency (DWA), and Regarding the Establishment of California Public Utilities Commission (CPUC) Rules for Video Franchise Holders. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and approve sending letters to the Agua Caliente Band of Cahuilla Indians and CPUC conceming separate matters as outlined in the accompanying staff report. Upon a motion by Spiegel, second by Benson, and 4-0 vote of the City Council, with Tanner ABSENT, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION FOR CITY MANAGER TO ASSIGN SENIOR MANAGEMENT ANALYST OF THE CITY MANAGER'S OFFICE TO THE VACANT SEAT ON THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PROGRAM'S TRAILS MANAGEMENT SUBCOMMITTEE. Senior Management Analyst Ryan Stendell stated that as uncomfortable as it was to recommend himself to a Commission, this tends to be an extremely technical group, which often confuses even staff members. However, he felt it was a Commission the City could fill a good role in helping move the new trails plan ahead and making it an easier product to use. Mayor Hamik said she knew Mr. Stendell would represent the City well. Councilman Spiegel moved to, by Minute Motion, authorize the City Manager to assign the Senior Management Analyst of the City Manager's Office to fill the vacant seat on the Multiple Species Habitat Conservation Program's Trails Management Subcommittee. Motion was seconded by Benson and carried by a 4-0 vote, with Tanner ABSENT. B. REQUEST FOR AUTHORIZATION OF THE AWARD OF CONTRACT TO WEST COAST ARBORISTS, INC., FOR TREE PRUNING AT DESERT WILLOW GOLF RESORT IN AN AMOUNT NOT TO EXCEED $51,750 (CONTRACT NO. C32830, PROJECT NO. 842-14). Responding to question, Mr. Greenwood confirmed no one from the Valley submitted a bid. Councilman Spiegel moved to, by Minute Motion, authorize:1) Award of the subject contract to West Coast Arborists, Inc., Anaheim, Califomia, for tree pruning at the Desert Willow Golf Resort in an amount not to exceed $51,750; 2) Mayor to execute contract — funds are available in Course and Grounds Expenses Account No. 520-4195-495-8031. Motion was seconded by Benson and carried by a 4-0 vote, with Tanner ABSENT. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 C. REQUEST FOR AWARD OF PURCHASE OF 202,500 POUNDS OF GRASS SEED TO SIMPLOT PARTNERS IN THE AMOUNT OF $232,486.20. Councilman Spiegel pointed out this vendor submitted the lowest bid and they are a local company. Councilman Spiegel moved to, by Minute Motion, waive minor irregularity and award the purchase of 202,500 pounds of grass seed to Simplot Partners, Palm Desert, Calffomia, in the amount of $232,486.20 — funds are available in General Fund Account Nos. 110-4610-453-2190 - Supplies/Other, 110-4610-453-3371 - R/M Tri-Cities Sports Facility, and 110-4614-453-3370 - R/M Medians for the Cities portion and Desert Willow Corporation will fund the balance. Motion was seconded by Weber and carried by a 4-0 vote, with Tanner ABSENT. D. REQUESTFOR AWARD OF CONTRACT TO SIEMENS INDUSTRY, INC., IN THE AMOUNT OF $161,400 FOR THE 2013 CITYWIDE TRAFFIC SIGNAL MAINTENANCE PROJECT (CONTRACT NO. C32Q70A, PROJECT NO. 580-13). Responding to question about who was capable to do the work, Mr. Greenwood explained traffic signal work is very specialized and there are only a couple of Southern California companies that are capable. Further responding, he confirmed Siemens submitted the lowest bid and they are from Anaheim. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract for 2013 Citywide Traffic Signal Maintenance Project to Siemens Industry, Inc., Anaheim, Califomia, in the amount of $161,400; 2) authorize Director of Finance to set aside a 10% contingency for the project in the amount of $16,140; 3) appropriate $26,812 from Unobligated Fund 234 to Account No. 234-4250-422-4001; 4) authorize Mayor to execute said contract — funds are available in Traffic Signal Maintenance Account No. 234-4250-422-4001 - no General Fund money being used for this expenditure. Motion was seconded by Weber and carried by a 4-0 vote, with Tanner ABSENT. E. REQUEST FOR APPROVAL OF ONE-YEAR RENEWAL OF CONTRACT WITH DELTA DENTAL THROUGH JUNE 30, 2014 (CONTRACT NO. C27650). Human Resources Manager Lori Carney pointed there was no increase in the premium, and staff was recommending extending the contract for one more year. Responding to question, she said the contract was the same as last year, and went on to say staff is considering Request for Proposals for all ancillary benefits for next year. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 Mayor Pro Tem Benson moved to, by Minute Motion, authorize the Mayor to approve and execute Amendment No. 7 to the subject contract with Delta Dental through June 30, 2014 — no increase in cost per employee, with total annual costs of approximately $172,000 available in the FY 2013-2014 Budget. Motion was seconded by Weber and carried by a 4-0 vote, with Tanner ABSENT. F. REQUEST FOR APPROVAL OF FIRST AMENDMENT TO THE HOUSING AGREEMENT BETWEEN CITY OF PALM DESERT AND THE VINEYARDS APARTMENTS, LLC. Ms. Moore stated this request is to amend the Housing Agreement that was approved with the project. The project was approved with a 20% affordable housing component, which required the property owner to sign a Housing Agreement. She said the owner wishes to refinance the loan, and it was her understanding they had a rate locked. By refinancing, the owner actually pays off the assessment, which is sizable for this location. The Amendment is required by the new lender or underwriter who wants to clarify things with respect to how the lender can step in, in the event of a default. The lender is now allowed to cure a default after the owner is given time to cure if first. She said this was beneficial to the City in a different way, because if the City cured the default, City staff would have to rent the units, and whatever cost that was, would be taken from the rent. The new Amendment would allow them to get the residual. Prior to that, staff went in, rented the units, and kept the residual. However, at this point, it would be a difficult endeavor for staff to do quickly. Therefore, this Amendment would provide the City 60 days, allowing the lender to cure after the owner has had the opportunity. She said the City was in receipt of the pay off of the Community Facilities District Assessment; therefore, staff recommended authorization to amend the contract. Responding to question, she confirmed there was no significant fiscal impact, and in the event of a default, the City can recover its cost for up to 52 units to a moderate income household. Councilman Spiegel moved to, by Minute Motion: 1) Approve the draft First Amendment to the Housing Agreement, substantially as to form, by and between the City of Palm Desert and the Vineyards Apartments, LLC, in order to allow the developer to refinance its loan on the project; 2) authorize the City Manager to finalize and the Mayor to execute the First Amendment to Housing Agreement and any ancillary documents necessary to effectuate the actions taken herewith. Motion was seconded by Weber and carried by a 4-0 vote, with Tanner ABSENT. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 G. REQUEST FOR APPROVAL OF A PROPOSAL BY HOUDAY LIGHTING DESIGN & DECOR TO MANAGE PHASE ONE OF PALM DESERTS HOLIDAY DECOR PROGRAM AND OF A PROPOSAL BY DEKRA-LITE INDUSTRIES, INC., TO REFURBISH AND DELIVER EXISTING HOLIDAY DECOR INVENTORY. Risk Manager Stephen Aryan stated the City's current Holiday Decor's Contract expired this year, and staff was directed to provide a recommended update to the current program, specifically focusing on the El Paseo Business corridor. A Request for Proposal (RFP) was issued, and the City received three responses, including one from the current vendor. All three firms were invited to make a presentation before a City Council subcommittee, and they were graded on various factors, including cost, proposal, and operational services. The subcommittee, subsequently, recommended the Coachella Valley -based company Holiday Lighting Design & Decor for this work. Staff recommended Council Phase One of this program, which included the following components: 1) Refurbishment of existing holiday decor and delivery of all inventory to the new vendor; 2) purchase of 29 ornamental garland wraps for the El Paseo median street poles; 3) annual storage, installation, and removal of existing decor and garland through 2017. However, it appears the garlands may have to be unlit due to design and safety concems according to subsequent discussions with Southem California Edison. He said Phase Two involved lighting 25 deciduous trees and 54 palm trees along the El Paseo median between Portola Avenue and Highway 74, contingent upon updating the median's current electrical system. He said the City's Public Works Department is currently obtaining bids for this project; therefore, staff didn't recommend purchasing these items until a final decision is rendered on this infrastructure project. Staff plans to present Phase Two of the Holiday Decor Program for Council's consideration at the same time the Capital Improvement Project is being considered. He noted the recommended vendor was in the audience and available to answer questions. Responding to question, he said staff will bring forth the cost and a recommendation for the infrastructure project at the August 22 meeting. Mayor Pro Tem Benson stated she was part of the subcommittee that reviewed the program. She said the City has been diligent every year in trying to put up the best decorations possible for the least amount of money, and she believed the City has succeeded over the years. However, every five years it's been questioned why the decorations had to be refurbished, but when they are exposed to the desert elements for the length of time they are out during the Christmas Season, they require new bows and cleaning up the same as one would add to their own household decorations every year. She said the subcommittee was very thorough in looking at the presentation and trying to find a local vendor, which was a prior criticism as well. She said this 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 was a specialty business, and there aren't many of them, but luckily this time around it is a Palm Desert vendor that will do the City proud. This vendor has served a lot of major facilities in Palm Desert and has been well received. Therefore, she looked forward to having a great display on El Paseo and around the City and streets coming into EI Paseo. Mayor Pro Tem Benson moved to, by Minute Motion: 1) Approve a proposal by Holiday Lighting Design & Decor, Palm Desert, California, in an amount not to exceed $60,997.40 to manage Phase One of Palm Desert's Holiday Decor Program (Contract No. C32980); 2) approve a proposal by Dekra-Ute Industries, Inc., Santa Ana, Califomia, in the amount of $19,976.76 for the refurbishment of various existing Holiday Decor and delivery of all existing decorations (Contract No. C32980A); 3) authorize the City Manager to execute aforementioned contracts related to Phase One of the City's Holiday Lighting and Decoration Program; 4) appropriate $32,710.16 from the Unobligated General Fund for costs not budgeted in the FY 2013-2014 Budget for Palm Desert's Holiday Decoration Program (Phase One) and transfer to Account No. 110-4310-433-3910 for this purpose. Councilman Spiegel pointed out this was a local vendor, which has decorated the J.W. Marriott and they've done a dynamic display there, the Renaissance Esmeralda Hotel, Rancho Las Palmas Hotel, City of Rancho Mirage, The Gardens of El Paseo, Morongo Casino Resort and Spa, etc. Councilman Spiegel seconded the Motion. Mayor Hamik commented that when she worked at Indian Ridge Country Club, Mr. Marcus Blumberg took care of their decorations and always did an amazing job. Mayor Hamik called for the vote, and the motion carried on a 4-0 vote, with Tanner ABSENT. H. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE LOANS FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE HOUSING COST ASSOCIATED WITH A DIRECT SALE IN FALCON CREST (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Ms. Moore stated staff currently didn't have a buyer for this particular property, but given the summer schedule of the Council, staff would like authorization in the event one is identified that can be provided down payment assistance up to $80,000 for this property. Mayor Pro TemNice Chairman Benson moved to, by Minute Motion: 1) Approve silent Down Payment Assistance Loans associated with a direct sale in Falcon Crest, not """' to exceed $80,000 in accordance with the Falcon Crest Sales Program and documents, 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 to ensure an affordable housing cost pursuant to Califomia Health and Safety Code Section 50052.5 for qualified low- or moderate -income households from any available funding source restricted for such purpose (Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation); 2) authorize the use of the Falcon Crest Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, and authorize the Mayor to execute; 3) authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction; 4) authorize the Authority Chairman and/or the Authority's Executive Director, or his designee, to finalize and execute any ancillary documents necessary to effectuate the actions taken herewith — monies are available in the appropriate account in the Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation Fund. Motion was seconded by Spiegel and carried by a 4-0 vote, with Tanner ABSENT. XV. CONTINUED BUSINESS A. BEQUEST FOR APPROVAL OF MODIFIED COURSE, AS DESIGNED BY CITY STAFF FOR ALL 5K RUNNVALKS ON EL PASEO, FOR THE SECOND ANNUAL MARTHA'S VILLAGE & KITCHEN THANKSGIVING 5K RUN/WALK (Continued from the meeting of June 27, 2013). Ms. Riddle stated City staff met with Martha's Village & Kitchen representative Blair Amides to go over the City's proposed course, last year's course used by Martha's Village, and activities already undertaken for the 2013 event. She said staff recommended Council reaffirm Martha's Village previous approval for the existing course for 2013. When they meet with Martha's Village at the pre -event planning meeting, they will talk about additional traffic control measures for this race. For 2014, staff is proposing that all 5K events on El Paseo utilize the City's proposed course, which will then be certified. Responding to question, Ms. Riddle confirmed that Martha's Village & Kitchen will use the same course they used at last year's Thanksgiving 5K Run. MS. BLAIR AMIDE!, Director of Development at Martha's Village & Kitchen, Date Avenue, Indio, thanked staff, specifically John Wohlmuth and Frankie Riddle for the opportunity to discuss why it was important to them to keep the same course and appreciated their support. She took the opportunity to introduce Mario Hernandez, who is a new board member to Martha's Village & Kitchen. MR. MARIO HERNANDEZ, Rancho Mirage, CA, stated he joined Martha's Village & Kitchen Board last year, stating he has lived in the Coachella Valley, raised in Palm Desert, and owner/partner of Desert Welcome. He said they came to the conclusion that it was best to unite a lot of businesses with this event by promoting them with gift certificates, because they had a wonderful response with more than 2,000 participating. They were told by many that it was well organized and safe for those that participated. He 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 offered to provide a tour of Martha's Village & Kitchen, which is a beautiful new facility, stating that through love, compassion, respect, and kindness, their mission is to help people that are less fortunate. They feed more than 300 a day, housed more than 200 people, and approximately 50 to 60 children are living there. Additionally, educational and medical services are also provided. He said they are supported by fund raisers and cities, which they've always had from Palm Desert. He noted they are having a fund raiser at Sacred Heart, which is planned for January, and they are expecting 2,000 people. He hoped the Council will recognize that last year's 5K Run was very successful and the largest event in the Coachella Valley. He said the City's partnership was very important to Martha's Village. He offered to answer any questions. MR. VIC GAINER, Portola Drive, Palm Springs, gave Mr. Greenwood credit for designing a new course that didn't cross Portola Avenue, which was used for the Bunny Hop event and it was tremendously successful. He said he was a competitive runner for more than 33 years, and he has coached cross-country at Palm Springs High School, ran over 100 races from 5K to marathons, and he can vouch the Bunny Hop course is wonderful compared to many of the others. He said the Council's oath included protecting the health and welfare of its residents, stating it was not necessary and absolutely nuts to cross Portola Avenue, because of the many people living in those neighborhoods, and the many churches and organizations in that area. He would hate to think that in the middle of a 5K Race with 2,000 runners, a fire engine, ambulance, or emergency personnel may not be able to reach someone in time, because sometimes it's a fraction of a minute between life and death. Therefore, he endorsed the new course, stating it should be used for every race. Those who know Gary Rust, who is in his early 50's, has run thousands of miles and also ran the Bunny Hop. In one of his e-mails, Mr. Gainer stated he has run for 45 years, competed in 500 races, and commented the Bunny Hop was so well organized, fast results, everyone was well cared for, and he would place it in the top 10 races ever. Mr. Gainer said, 'The course reminded me a little bit like the world famous Carlsbad 5K Course in the way it was laid out. Nice job and tip of the hat to you."From the most experience runners to beginners, they love it, but more importantly, it is a safe course that protected the runners, businesses, and churches. He urged the Council to use staffs proposed course for every race from this point forward. Councilman Spiegel moved to, by Minute Motion: 1) Reconfirm and approve Martha's Village & Kitchen 5K Race for 2013 as considered and approved at the April 11, 2013, City Council Meeting; 2) approve payment to certify modified City course in an amount not to exceed $1,400 and appropriate said funds. Motion was seconded by Weber and carried by a 4-0 vote, with Tanner ABSENT. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 XVI. OLD BUSINESS None XVII. PUBUC HEARINGS A. REQUEST FOR APPROVAL OF THE FORMATION OF PRESIDENTS PLAZA I BUSINESS IMPROVEMENT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS THEREIN COMMENCING WITH FISCAL YEAR 2013-2014. Senior Management Analyst Ryan Stendell requested the Council open the public hearing and continue the public hearing and balloting period to the August 22, 2013, meeting. Mayor Hamik declared the public hearing and balloting period for the District ooen and invited public testimony FAVORING or OPPOSING this matter. She left the public hearing open until the meeting of August 22, 2013. With City Council concurrence, with Tanner ABSENT, the public hearing and balloting period for the District were continued to the meeting of August 22, 2013. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of June 17-28, 2013. Mr. Wohlmuth called attention to the Meeting Summaries Report contained within the agenda packets and offered to answer any questions. With City Council concurrence, the Summaries were received and filed. 2. Southern California Edison (SCEI Meeting - Undergroundina la= Mr. Wohlmuth said as promised at the last meeting, he had an update on this morning's meeting with SCE, Ms. Merilee Colton, and Ms. Lesley Miller. He went on to say the SCE representatives did an excellent job with explaining the district, the work needed for it, and, most importantly, verified that it was a cost-effective and appropriate district boundary for their purposes. He added that there may be a few minor adjustments that need to be made, as Ms. Colton and Ms. Miller will continue to work to attempt to include a couple of more homes that may have been missed previously. Edison staff provided 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 a ballpark project cost estimate of $3 million and a $300,000 design and engineering cost that the City has to pay in advance in order to initiate the work. He noted that it was quite an involved process — probably slightly over two years from beginning to completion of construction. He reminded Council that as part of this process the City would also have to hire an assessment district engineer to spread the $3 million cost to all of the benefitted properties. Most importantly, the $300,000 for design and engineering has to be paid to SCE in advance for Edison's design and engineering of the undergrounding district. When they're done, that design is shared with Verizon and Time Warner for them to design their facilities and, potentially, jointly use the trench and facilities that Edison or others create. Therefore, it is staffs recommendation to wait until the $300,000 advance design and engineering funds can be included on the next Successor Agency Recognized Obligation Payment Schedule (ROPS) for January - June 2014 that will then have to be approved by both the Successor Agency and Oversight Boards, likely to occur in September. After the January 2014 ROPS is approved by the Department of Finance, then the City can spend bond funds to initiate the design and engineering and move the process forward. He advised that all of this timing was discussed with Ms. Colton and Ms. Miller. 3. Appreciation to the Public-Monterey/Fred Waring Roadway Project Mr. Wohlmuth and Mr. Greenwood expressed sincere appreciation to Palm Desert residents and the public for their great cooperation during the ongoing construction on Monterey Avenue for the intersection improvements at Fred Waring Drive. Mr. Greenwood said traffic has been very good, and drivers have been very tolerant, especially residents of both Monterey and Rancho Las Palmas Country Clubs — they're being significantly impacted with the left-tum prohibition, and they're handling it very well. Mayor Hamik added she'd seen a recent television news report where several motorists were interviewed, and she was amazed at how wonderfully positive everyone's attitude was toward it, and it was greatly appreciated. B. CITY ATTORNEY None C. CITY CLERK None 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 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. C' 1yi Council Committee Reports: None 4. City Council Comments: a) Shadow Mountain Resort & Club — Mayor Hamik felt Shadow Mountain was one of Palm Desert's best -kept secrets, and she reported that it had received the 2013 Trip Advisor Certificate of Excellence. She congratulated the Club for this outstanding honor. b) Independence Day 2013 — Mayor Hamik felt this year's event was amazing, as usual, because Palm Desert always does a great job. She noted that she was pleased to participate in this year's 237th anniversary of America's independence and of Palm Desert's 25th year of holding a fireworks celebration. Mayor Pro Tem Benson offered that Palm Desert's July 4th Celebration began 25 years ago after Palm Springs said they were no longer going to hold an event. Palm Springs resident Sheila Grattan came to Palm Desert to seek its assistance when Mayor Pro Tem Benson was chairing the organization to get that event into the City. She said it occurred after writing to Palm Desert businesses and residents to ask for donations; she recalled the City contributing the first $10,000 with donations covering the rest, culminating in the 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 current well -attended and valued highlight for Palm Desert each year thereafter. c) Friendly Competitions — Blood Drive July 20 — Mayor Hamik said there is a critical need for blood and blood products in the Coachella Valley. So there is a friendly competition being held between Palm Desert and the other cities to, hopefully, secure a minimum of 100 pints donated. She said staff has done a great job of coordinating this event, and it would be held on Saturday, July 20, at Westfield Palm Desert from 10:00 a.m. - 4:00 p.m., and anyone donating blood will receive a free ticket to Knott's Soak City. She said the American Heart Association will also be participating in the Blood Drive and giving out gifts and information. She asked everyone to encourage their friends to donate, because the Valley is down one- third in the amount of blood product donations needed here. d) Mayor Hamik recognized her daughter in the audience today, who was visiting from college. 5. Suggested Items for Fyjure City Council Meeting Agendas: a) Removal of Prohibition for Fast Food Drive-throyolas — Councilman Spiegel said he would like to see on the August 22 agenda an item that would eliminate the ban on drive -through fast- food restaurants in the City. b) Processing Employee Payroll Charitable Deductions — Councilmember Weber said she'd previously spoken with Mr. Wohlmuth about allowing employees to make their own arrangements for making non-profit donations instead of having the City be the collector through payroll deduction and have to pass the money along to the non -profits. She said this would allow the employee to be responsible for their own donations to non-profit organizations instead of the City being their fund-raiser. She asked for this to be looked into in the near future. Mr. Wohlmuth clarified that there is one entity, United Way, that is allowed to coordinate deductions for employees, and he agreed to take a look and bring it back to Council for consideration. He asked for confirmation of timing, presuming that this should be done prior to next year's collection of United Way funds, and Councilmember Weber agreed. Responding to further comment and question, Mr. Wohlmuth said with United Way, the City participates by distributing the pledge cards, etc., but if employees wish to continue to donate to United Way, they could do so on their own without the City's processing the paperwork. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 Mayor Hamik noted that she was aware there was somewhat of a friendly competition between the cities and other entities for collecting the most contributions. Mr. Wohlmuth didn't know if there was specifically competition, but the United Way does give plaques for percentage of participation. Mayor Pro Tem Benson offered that she felt it was United Way's method of involving all the cities that they wouldn't otherwise do on an individual basis, because it is such an important drive and reaches so many charities. XIX. ADJOURNMENT On a motion by Spiegel, second by Weber, and 4-0 vote of the City Council, with Tanner ABSENT, Mayor Hamik adjourned the meeting at 4:50 p.m. ATTEST: RA ELLE D. KLASSEN, CLERK CITY OF PALM DESERT, CALIFORNIA :eAry- A JAN C. ARNIK, MAYOR 18