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HomeMy WebLinkAbout2014-01-23MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 23, 2014 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. 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 Janet M. Moore, Director of Housing Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Casey Hartman, Battalion Chief, Palm Desert Fire/Riverside Co. Fire/Cal Fire Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Department Grace L. Mendoza, Deputy City Clerk Mayor Tanner asked for his colleagues' consideration of adding an urgency item to today's agenda, having to do with Authorization to Purchase Seven (7) Police Radio/Scanners for the Citizens On Patrol Program (COPS). He noted that the consideration would be added under Section XIV - New Business and would become Item K there. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 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 item was added to the agenda under Section XIV - New Business, Item K. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: A. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County Superior Court, Case No. CIV 80790; DCA No. E023514 B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 With City Council concurrence, Mayor Tanner adjourned the meeting to Closed Session at 3:04 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Member Roman Bloch VII. INVOCATION - Councilmember Jan C. Harnik With City Council concurrence, Mayor Tanner suspended the agenda at this point in the meeting and took up Section IX - Awards, Presentations, and Appointments. Immediately following, he resumed the agenda order with Section VIII - Oral Communications-B. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 VIII. ORAL COMMUNICATIONS - B MR. KENNETH DORAN, Palm Desert, said in this election year, he hoped that Councilmember Benson would consider running for reelection again because she was needed. Further, as it relates to the upcoming election, he planned to stage a protest on Fred Waring Drive in front of City Hall from about February 1 through the election cycle and wanted to know if he could do this with a banner that he would put up and take down each day. He had yet to find anyone who could give him precise information on his request. He added that he may protest one or two hours per day, possibly longer, depending on how many people come to see him there, and he wanted to make sure he wasn't planning anything that was illegal. He promised that the banner would be taken down each time he leaves. Mayor Tanner said the request would be referred to staff for followup and confirmed that Mr. Doran would be contacted about it. MS. MARNELL FARLEY, Palm Desert, wanted to draw attention to the impact that Walmart has on cities. She said the Council may not be aware, but because of its economic clout, Walmart can exert tremendous pressure on city leaders to grant tax and other concessions to a local store location. She went on to say that Walmart has been implicated in numerous bribery scandals in the United States and Mexico; but the payoff is never to the city or to our City's benefit — it's only to involved insiders. She predicted that this City experienced and will experience a loss of "Mom & Pop" stores and the associated revenues that have been excused for Walmart; residents of the City will suffer a loss of shopping diversity, and the children will suffer a loss of job and income opportunities since Walmart has been shown to create a downward spiral in wages and benefits. Furthermore, she said taxpayers are left holding the bag for the backroom deals and confidentiality agreements, as well as for the cost of medical coverage for Walmart workers that it does not provide. She noted that a Walmart Superstore, such as exists in Palm Desert, externalizes the true cost of employee health care to the taxpayer to the tune of $1.75 million per store per year — one of the hidden costs of low prices. She continued that Palm Desert's City Manager was quoted in The Desert Sun as saying that the Walmart Neighborhood Market that recently opened on Highway 111, "...filled the last empty storefront in Palm Desert." She disputed that statement; however, she did know for a fact that there will be many more empty storefronts in the near future as a result of Walmart's poor business model and practices. MS. ROMMY PINNEY, La Quinta, CA, also wished to speak to the City's opening of a new Walmart Neighborhood Market last week. Unfortunately, she said not only the City Council, but citizens of the Coachella Valley have been misinformed about Walmart's hours, high wages, and benefits. She urged the City Council to investigate those claims further. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. INTRODUCTION AND RECOGNITION OF EXCELLENCE FOR PALM DESERT YOUTH SOCCER TEAMS. Mayor Tanner called everyone's attention to the rear of the Council Chamber where a large group of young soccer players had gathered. He said these were Palm Desert Youth Sports Soccer Program All -Star players who had recently participated in a weekend Apple Valley Tournament, with both of the Boys Under 10 and Boys Under 14 All -Star Teams winning their respective flights. He went on to say that the Tournament of Champions was being held this coming weekend at Palm Desert's Soccer Park on Hovley Lane, and he invited all to come out to watch and cheer them on in their upcoming contests. He then individually introduced the Boys Under 10 Team and the Boys Under 14 Team and coaches. On behalf of the entire City Council, he heartily congratulated the Teams for their winning efforts and wished them all the best in this weekend's tournament. It was noted that play for the teams begins at 10:30 a.m. and 4:00 p.m on Saturday, January 25, at Palm Desert Soccer Park. B. PRESENTATION OF UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER ROMAN BLOCH. Mr. Bloch highlighted activities and events the Youth Committee has hosted or is planning to this year. An Anti -Bullying Interaction presentation was held at Lincoln Elementary School on December 12, and the event allowed Youth Committee Members one-on-one interaction with individual students to hear about their experiences with bullying and provide ideas of ways to avoid it all in the future. He said it was a very successful event, and the Anti -Bullying Subcommittee will hold their next presentation at Carter Elementary School sometime in February. He went on to say that in March or April the Youth Committee will be hosting two more events - a Game Night at the Autry Hacienda and a Youth & Senior Technology Event at the Fountains at the Carlottta, noting this will be the second year the Youth Committee will demonstrate basic computer skills to its good friends and Samaritans, the Seniors, to explain new technological advances of the 21 s` Century. He said that in May the Committee plans to host a Car Wash Fund-raiser, with beneficiary of the proceeds of the event to be selected at the February meeting. He closed by saying these were just a few of the events that the Palm Desert Youth Committee is proud to host, and he urged everyone to keep Palm Desert beautiful. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 9, 2014. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 135, 139, 140, 141, 144, 145, and 146. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Buffalo Cafe, 72261 Highway 111, Space #130, Palm Desert. Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of December 11, 2013. 2. Youth Committee Meeting of December 2, 2013. Rec: Receive and file. E. LETTER OF RESIGNATION from Patricia Kent — Audit, Investment & Finance Committee. Rec: Receive with very sincere regret. F. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal — Miscellaneous Computer and Related Electronic Equipment. Rec: By Minute Motion, declare items listed on the accompanying staff report's Exhibit "A" as surplus property and authorize disposal as appropriate. G. REPORT Pursuant to Section 33080.1 of the California Health and Safety Code (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency and the Palm Desert Housing Authority). Rec: Receive and file. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C32830 — Desert Willow Golf Resort Annual Tree Pruning for Fiscal Year 2013-2014 (Project No. 842-14) (West Coast Arborists, 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. I. REQUEST FOR APPROVAL of Change Order No. 1 and Acceptance of Work for Contract No. C33100 — San Pascual Channel Access Ramp Project (Project No. 518-13) (Cora Constructors, Inc., Palm Desert, CA). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $564 to the subject contract with Cora Constructors, Inc., Palm Desert, California; 2) authorize the transfer of $564 from contingency to base for the contract; 3) authorize the Mayor to execute Change Order No. 1; 4) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. J. REQUEST FOR AUTHORIZATION to Release Maintenance Security for the Ironwood Country Club Entry at Mariposa Drive (Ironwood Master Association, Applicant). Rec: By Minute Motion, authorize release of the Maintenance Security for improvements to the Ironwood Country Club entry at Mariposa Drive. K. REQUEST FOR APPROVAL of Out -of -State Travel for the Building Maintenance Supervisor to Attend Carrier Controls Training in Las Vegas, Nevada - February 18-21, 2014. Rec: By Minute Motion, authorize Out -of -State Travel for the Building Maintenance Supervisor to attend Carrier Controls Training in Las Vegas, Nevada — February 18-21, 2014 — funds are available in Account No. 110-4310-433-3120 - Street Maintenance Conference/Seminars/Workshops. On a motion by Harnik, second by Weber, 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 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 XII. RESOLUTIONS A. RESOLUTION NO. 2014 - 02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 2013-13 TO INCLUDE RECENT I.R.S. NOTICE 2013-71, WHICH RELAXES THE "USE -IT -OR -LOSE -IT" RULE THAT APPLIES TO HEALTH FLEXIBLE SPENDING ARRANGEMENTS. Councilman Spiegel moved to waive further reading and adopt Resolution No. 2014-02. Motion was seconded by Harnik and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF A PROPOSED CO-SPONSORSHIP WITH RENOVA ENERGY CORPORATION TO COMMISSION DEBORAH FLOWERS TO CREATE ARTWORK FOR THE SET OF THREE (3) UTILITY CABINETS ON THE NORTHEAST CORNER OF THE INTERSECTION OF EL PASEO AND HIGHWAY 74 (Mr. Vincent Battaglia, CEO, Renova Energy Corporation, Applicant). Management Analyst Deborah Schwartz stated that Renova Energy Corporation sponsored the painting of a set of traffic signal cabinets at the intersection of El Paseo and Larkspur that were recently finished. Renova came back to the Public Art Program offering to sponsor another set, this time in a co-sponsorship situation where two-thirds of the cost would be covered by them, the rest by the City. She said that proposal was brought before the City's Art In Public Places Commission at its last meeting and passed on a 5-0-1 vote, with Commissioner Miller abstaining because she wanted more information. MS. MELISSA MORGAN, Melissa Morgan Fine Art, 73040 El Paseo, Palm Desert, said the concerns she has about painting the utility boxes specific to the corner of El Paseo and Highway 74 are first, they create an awkward aesthetic. Moreover, she said her business is a contemporary art 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 gallery; and whether or not someone likes contemporary art, it is still her mission to promote it. She felt painting the utility boxes next to her place of business discourages and creates a direct conflict with it. Further, their mission is to work with nationally and internationally known contemporary artists; therefore, they want to present their building and surrounding space as best they can to suit that objective and to attract them. She said attracting those contemporary artists serves only to enhance Palm Desert - notwithstanding taste for contemporary art - many of those artists are very well known. Secondly, she was concerned about having art in front of art. She felt there may be great places for such projects as the one under consideration; but there's already art on the corner of El Paseo and Highway 74, and putting more in front of it that doesn't have a dialog in between potentially creates the look of clutter, depending on the nature of the displays she's presenting. Additionally, she wanted more information about what the City's cost will be to paint these boxes. Over the years she said there's been discussion of artists she works with submitting applications to the Art In Public Places Commission to possibly avoid the aforementioned conflict, so she was open to suggestions and was supportive of the concept in the right place. Responding to question, she absolutely preferred that the utility boxes remained gray in color; otherwise, she felt it would be a direct conflict with her gallery and hurt her brand. Further responding to inquiry about artists who've contacted her or the City about painting the subject utility boxes, she answered that it was more in conversations with Ms. Schwartz and has been talked about for some time, coming up a few years ago — College of the Desert wanted to do this, and she was able to talk them out of painting this particular location because she felt it was a direct conflict with her mission. They agreed and didn't take it any further. At that time, she offered to provide submissions from artists that she worked with, and she'd be willing to consider such a venture. But she reiterated that the best case scenario would be to just leave them alone and let them disappear, because these utility boxes are in a really tough spot. MR. DAVID FLETCHER, Chartwell Properties, 73061 El Paseo, #200, Palm Desert, wasn't sure Council was aware, but the property at the corner of El Paseo and Highway 74, currently occupied by the Melissa Morgan Fine Art Gallery, is his company's latest acquisition on El Paseo, and they hoped she would be their tenant for a long time. He said when the building was first acquired, they performed a minor upgrade to the facade to try and help Ms. Morgan by getting some storefront windows and creating some visibility for her so she could be more successful. Although, he said that was by no means their permanent vision for the building; they're currently working with their architect and will be coming before the various City commissions (i.e., Architectural Review, Planning, City Council) over the next few months on that permanent vision. In discussions with their architect, he had raised this issue, and the architect is in agreement with both their personal opinion, as well as Ms. Morgan's, that in this location the utility boxes were best made 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 invisible as much as possible — either gray or green or something to draw less attention — and let people focus on Ms. Morgan's art and her storefront windows. He added that they're not quite sure yet exactly what they want to do on that corner. They may want to do something like a fountain similar to the location across the street next to St. John or the like, and he's been in discussions briefly with City Transportation Engineer Mark Diercks about possibly relocating the traffic signal boxes, undergrounding them, or whatever else could be done, and this will be factored into their upgrade process. He didn't know how much it would cost to paint these boxes now but requested that the City Council respect both theirs and their tenant's wishes and use the money where a property owner wants the boxes painted in front of their building or where it's a better location, as he hated to see money being spent on the project and then they end up doing away with the boxes in a short period of time. Mayor Pro Tem Weber appreciated both Ms. Morgan's and Mr. Fletcher's comments. She said during the Art In Public Places Commission Meeting the subject did come up that painting the utility boxes could be a distraction at this location, because the design is very vivid. There was concern for the attention of drivers coming down that street being drawn to the design, and with the street curving there, it could cause problems, as well as the competition with Ms. Morgan's Gallery. MR. FLETCHER added that he'd previously mentioned to Ms. Schwartz in a phone conversation that it would be appropriate when such a proposal is being considered for art that is in close proximity to a private property (not like the median of El Paseo or in Civic Center Park) that the Art In Public Places Commission or appropriate City representative should first talk with the property or business owner about it prior to being brought before City Council. In answer to question about the precise number of utility boxes in the location, Ms. Schwartz said there are one larger and two smaller boxes grouped together in the photo provided with the staff report. She noted that there's a fourth cabinet on the property that is believed to belong to Southern California Edison, not the City. She went on to explain that it was a Google Earth picture included in the staff report; there was construction fencing in place at the time, so it is an optical illusion that appears to show more utility boxes. Further responding, she offered to talk with Renova to see if there were other locations of traffic signal cabinet boxes that they were interested in. She personally felt it would be interesting to go into the City's northern sphere where no cabinets are currently painted, and she could speak with Renova about donating in a different location. Mayor Pro Tem Weber and Councilman Spiegel agreed with this suggestion. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 Councilman Spiegel went on to say he felt Ms. Morgan was right. She has artwork outside her gallery, this will certainly detract from it, and he would vote against it if it comes to that. Councilmember Harnik moved to, by Minute Motion, deny location of the northeast corner of the intersection of El Paseo and Highway 74 and direct staff to work with the Applicant/Co-sponsor to identify other options for the proposed artwork on utility cabinets. Motion was seconded by Spiegel and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). B. REQUEST FOR APPROVAL OF SPONSORSHIP IN THE AMOUNT OF $15,000 FOR THE MARCH 30, 2014, DESERT CONCORSO ITALIAN AUTO SHOW AT SHADOW MOUNTAIN RESORT (Desert Concorso, Inc., Applicant). Mr. Alvarez said the City was recently approached by a group known as "Desert Concorso" to put on a first -of -its -kind event in Palm Desert, a high - end Italian auto show at the Shadow Mountain Golf Resort on Sunday, March 30. The event will take place on the golf course, driving range, and on the fairways, so there will be no impact to any of the surrounding properties. In this inaugural event, the organizers anticipate bringing in about 300 vehicles to display, with around 1,200 - 2,000 attendees. There will be vendors and a VIP area. He called attention to the event budget that was provided by the Applicant and included in the staff report. They are establishing a $235,000 budget for the venue, which has been secured for three years under contract with Shadow Mountain. He noted that the Applicant is also the organizer of an event in Monterey, California, known as "Italiano Concorso," and over the last five years that they've been responsible for organizing, it has grown to an over 1,000-vehicle display and over 8,000 attendees. They hope to bring the event to Palm Desert and grow it, make it a grassroots effort, and eventually bring a high -end signature event to Palm Desert that will fit well with the City's goals. He said their request and staffs recommendation is that the City participate in the amount of $15,000 to bring forward the event this year. He pointed out that there will be some parameters in place by which the City has some say in the marketing. He noted that the Applicant has already established a marketing budget, including print, radio, and electronic advertisements. If City Council chooses to participate, the City of Palm Desert will be named on their website and on any other material or collateral that is used for advertisement. Sponsorship also includes opportunity for the City to have a booth at the event where additional information about Palm Desert could be shared — exciting programs and events happening here. He reiterated that staff recommends approval of the sponsorship, it being a good fit for Palm Desert, as well as a synergy created with the close proximity to El Paseo and opportunity for this event to grow in the future. He offered to answer questions. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 Councilman Spiegel offered that this request was brought before the Marketing Committee and unanimously approved for recommendation to the City Council. It's another special event for the City, which he felt the City needed as many of as it could get and was prepared to move approval of the request. Mayor Tanner noted the budget for expenses and asked for confirmation of the number of attendees anticipated for the event, to which Mr. Alvarez responded from 1,200 - 2,000 were expected. Mayor Tanner went on to say that it then appeared as though the Applicant looked to lose money in this first year, and Mr. Alvarez answered he would defer to the Applicant but pointed out that it was a first -year event that will require opportunity to grow. Mr. Alvarez then referred to an overhead display of a map of Shadow Mountain Golf Resort with the intended areas to be used for the event on the golf course being highlighted. Parking for general admission will surround the display area, and there are various opportunities for ingress and egress throughout the Resort. Councilmember Harnik added that also as a liaison to the City's Marketing Committee, the aforementioned question was raised with the Applicant, and they recognize that in the first year there probably won't be a profit. But she said they're willing to hang in there and turn it into something. She went on to say they were asked a lot of questions and provided good answers. Mayor Pro Tem Weber asked if it was known how long it took before the Applicant started making money in Monterey. MR. TOM McDOWELL, President, Desert Concorso, Seattle, WA, responded that the two venues were a little different. He said that for one week during August, Monterey, California, becomes the center of the automotive universe, and "Concorso Italiano" is the Super Bowl of Italian Car Shows. By far, he said it's the largest and most prestigious Italian car show in the world. He believed it was the 29th year upcoming; but in the beginning, it was a very small club event. It wasn't until about year six or seven that they began charging admission; it was all front -loaded by the founder, who happens to live in Palm Desert and is a close adviser and friend. He said it was roughly into the seventh year before the event started charging for entrants. Councilmember Benson stated that she was against the City's sponsorship of this event. She'd seen too many of these types of requests come before City Council where the first year they don't make it, they don't come back, and if they have a $235,000 budget and are only asking for $15,000, it doesn't seem like the $15,000 is that important for them to absorb the whole cost otherwise. She added this is about the third such request seen recently 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 asking for City participation, and she felt the City had opened Pandora's box. Some of these applicants will never be seen again, and she didn't think this type of car was really what one would see in Palm Desert. Mayor Pro Tem Weber felt Councilmember Benson had a point that there are a lot of these coming up, but now with the cars on El Paseo event, she felt that the City is attracting more people for cars. These types of cars are seen in Palm Desert driving around, and she believed things have changed. Councilman Spiegel moved to, by Minute Motion: 1) Approve sponsorship in the amount of $15,000 to the Desert Concorso, Inc., for the March 30, 2014, Desert Concorso Italian Auto Show; 2) appropriate $15,000 from the Unobligated General Fund for this purpose. Motion was seconded by Harnik. Mayor Tanner said he was definitely in favor of the event. He was aware that there are other car events (i.e., Palm Springs Auctions) that bring in a great crowd of lookers. So if this show could be developed into a signature event, like Monterey, it could be the second largest in the world. He wished organizers all the best. Councilmember Harnik commented that these issues were all discussed. The proposed car show is at the tail end of Fashion Week, and there is some synergy that should be built from it. She added that it's also evident what the area has with Desert European Motor Cars and the various clubs in some of the country clubs. She also wished Mr. McDowell the best and hoped to see him again next year. Mayor Tanner called for the vote on the motion to approve, and it carried by 4-1 (AYES: Harnik, Spiegel, Weber, and Tanner; NOES: Benson). C. REQUEST FOR APPROVAL OF A REUSABLE BAG PROMOTIONAL PROGRAM TO EDUCATE AND ENCOURAGE RESIDENTS AND BUSINESSES TO REDUCE THE USE OF SINGLE -USE PLASTIC BAGS FOR SHOPPING. Principal Planner Tony Bagato stated the request before Council today came from the City's Sustainability Committee, as well as from previous discussion by the Council in 2011. He added that there's also been ongoing discussion about the possibility of a plastic bag -reduction ordinance that might come through CVAG (Coachella Valley Association of Governments) if the City doesn't do something on its own. The subject request represented more of an educational program that would be paid for with AB 939 (Recycling) funds to help market and promote reusable bags and try to educate people about some of the harmful effects of plastic bags. He went on to say that this program entails buying reusable bags that will be given out to residents — some less expensive reusable bags that can be handed out at events, with 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 about 20 of them listed in the printed staff report in front of supermarkets, pharmacies, and some prominent retail locations. He closed by stating that the subject request for the program was in an amount not to exceed $57,900 from AB 939 funds and offered to answer questions. In response to comment about plans to issue one bag per resident's address to be tracked by City staff being somewhat complicated, hoping that residents will come in to City Hall or the Visitor Center, and charging for bags issued to non- residents, he said plans were for residents to come in to the Visitor Center and give their address that would be tracked by staff in the computer software. If extra bags are available or the resident wanted more than one, they could be purchased. Further responding, he said that the less expensive Chico bags are the ones to be sold as extra to residents and to non-residents. Councilmember Benson felt this was a good idea; she notices everyone using reusable bags every time she's at Trader Joe's or someplace like it. She said more and more people are using them, so maybe if residents are given a bag, there would be more doing so. However, she pointed out that one bag won't do the job and believed there should be a way to get more of them — most people she sees have two or three. Responding to inquiry, Mr. Bagato confirmed that Chico bags are those that fold up into themselves and are made out of recycled -content material. He added that they will feature the City's marketing logo and "Recycle Binney." Councilmember Benson added that Walmart's been giving away the reusable shopping bags, demonstrating that stores are getting into the recycle trend as well. In answer to Councilmember Harnik about displaying the bags, Mr. Bagato said he'd had some preliminary discussions with the manager of the Palme D' Or Theater but didn't hear anything back. He'd subsequently tried contacting him but hadn't received a response. Councilman Spiegel observed that reusable bags are more dangerous than plastic bags unless they're washed, and he didn't think many people put their reusable bags in the washing machine. Mr. Bagato responded that part of the educational component of this program was to get people to wash them as well. Councilman Spiegel cautioned that if they're not washed, the reusable bags will become contaminated almost immediately after groceries are placed inside. He would rather wait and see what the State is going to do; it's looking at the possibility of eliminating all plastic bags, and if that happens, 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 it changes the situation. A far as just for Palm Desert, he was not in favor of it. Councilmember Harnik took Councilman Spiegel's point, as she, too, had been reading those articles. However, at this point, there are 90+ communities in the State of California that have already legislated in opposition to plastic bags and banned them. Therefore, she felt rather than sitting back and letting it happen to the City, it should be ahead of the game, should help its community members and retailers/merchants by being prepared for the ban. She was certain that it would happen, and the City should be out there and ready. Mayor Pro Tem Weber added that education is working. She'd spoken with some teachers who've said that students in elementary school are already accustomed to this practice. Mr. Bagato agreed and said plans are also to have some kids' material in the subject program. Councilmember Benson moved to, by Minute Motion: 1) Approve the Reusable Bag Promotional Program in the amount of $57,900; 2) appropriate $57,900 from the AB 939 Fund, Account No. 236-4195-454-3090, to be used for a Reusable Bag Promotional Program. Motion was seconded by Harnik. MR. STEVE FINGER, Palm Desert, said that back when then -Mayor Harnik took a firm stand against single -use plastic bags, he applauded. And as a proud resident of the City, he came forward tonight to urge the City Council to approve this request. As was mentioned, it's already happening and will be legislated; it makes good sense. He said plastic bags put in landfills and compressed stay with us for about 1,000 years, and they do an incredible amount of harm — the number that are produced each year — they don't go away. He understood concerns about contamination, but the proposed education program is a way in which to tell residents how they can make the most of the reusable bags. He hoped Council would approve the program and step forward to assert that idea. Mayor Tanner commented that he was also very much in favor of eliminating plastic bags as much as possible. He noted that the City would not be able to do this for certain things, such as meats, chicken, fish, or certain vegetables. But for the most part, the City will be able to eliminate a substantial amount of plastic by taking this step. Mayor Tanner called for the vote on the motion to approve the request, and it carried 4-1 (AYES: Benson, Harnik, Weber, and Tanner; NOES: Spiegel). 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 D. REQUEST FOR APPROVAL OF THE CITY OF PALM DESERT'S PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM. Housing Department Management Analyst Jessica Gonzales reported that this request is to authorize participation in the Riverside County Mortgage Certificate (MCC) Program. Palm Desert's participation in the MCC Program will allow eligible homeowners to purchase a home by reducing the amount of their Federal Income Tax liability. She said potential participants are households that don't qualify for the City's other affordable housing programs but still need assistance to buy a home. Responding to question, she confirmed that the program is aimed at first-time home buyers and based on their income level, adding that the participants also have to qualify for the necessary mortgage. Councilmembers agreed that it was a great idea. Councilman Spiegel moved to: 1) Waive further reading and adopt Resolution No. 2014 - 03, authorizing participation in the Riverside County Mortgage Credit Certificate (MCC) Program; 2) by Minute Motion, authorize the City Manager to execute all documents that may be necessary to facilitate the participation. Motion was seconded by Harnik and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). E. REQUEST FOR APPROVAL OF EXTENSION TO LEASE AGREEMENT BETWEEN DESERT WILLOW GOLF RESORT AND GPSi LEASING, LLC, FOR THE ONBOARD GOLF CART GLOBAL POSITIONING SYSTEM (GPS) (CONTRACT NO. C30341). Councilmember Harnik moved to, by Minute Motion, approve the subject Lease Agreement Extension between the City/Desert Willow Golf Resort and GPSi Leasing, LLC, in an amount not to exceed $8,507/month for the Onboard Golf Cart Global Positioning System. Motion was seconded by Spiegel. Councilman Spiegel said he felt this was very needed for the City's golf course. Mayor Pro Tem Weber said in reading the staff report, it said the system will allow people to see the weather, but she felt people could do this on their own. Next, it said that it allows customers to contact the Pro Shop in the event of an emergency, but she contended that everybody has a cell phone nowadays that they could use to call the Pro Shop themselves. Thirdly, it allows Desert Willow control of the pace of play, which she assumed meant they can spot where everyone is so they can determine who can start. Lastly, she had seen recent reports about how silly it is that everybody is using golf carts when they should be walking for better health, referring to the 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 focus of the Humana Challenge Golf Tournament in the Coachella Valley this past weekend about this very topic. Therefore, she believed life was changing, and for the City to go into a four-year contract on this without finding out how very much life is changing, such as people pushing for more exercise, was unwise. Councilmember Harnik commented that there is a speed -of -play issue on golf courses, and it is absolutely critical to revenues of the operation. She added that there are also issues with weather — it's not always possible to tell when lightning is probable. Further, not everybody has a phone, and this is a marketing tool for Desert Willow as well. Mayor Pro Tem Weber disputed the statement that not everyone has a phone. Councilmember Harnik went on to say this is a amenity that Desert Willow has had in the past, and people expect it. In response to Mayor Pro Tem Weber's question about how many Coachella Valley golf courses use this system, Mr. Alvarez said there are several, particularly all of the resorts — Indian Wells and La Quinta Resorts do so. Further responding, he said the subject system allows the golf resort to track its vehicles at all times. If there's an emergency, staff will know exactly where that vehicle is in order to send out the appropriate emergency personnel. As for weather, if there's a blast alert that needs to be sent out to all golfers (i.e., lightning situation or high -wind advisory), it can be transmitted to all the vehicles. He went on to say regarding pace of play, he agreed that walking does have its advantages for health; but from a revenue standpoint, the more rounds that are played on the course, the better. This system provides easier management and pace -of -play control; it allows staff to know when folks are falling behind on their round, and the marshal is sent out to give a friendly reminder to speed up, which is beneficial. He went on to explain that there are many significant advantages to the system. In addition to the substantial marketing feature, where advertisements can display on the GPS system between holes to market the Pro Shop, specials at the restaurant, etc., there is also the advantage of preventing folks from driving off into areas where they shouldn't be — near the greens or into the desert areas where they could become stuck or damage the vehicles. In answer to question about whether or not other entities could pay to advertise on the system, he said it has that capability. Mayor Tanner pointed out that from a marketing standpoint, in order to compete in the Coachella Valley the way that Desert Willow does in order to get its golf play up, this system is required. And one of the best things it offers is the ability to track players, such as those in a 144-player tournament with each foursome being placed between holes 1 - 18 to tee off, and this allows control of play. He said that five to six hours is a normal cart -play day, 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 and if they're put out there to get to each of the holes without, it's going to be substantially longer. Mayor Tanner called for the vote on the motion to approve the request for extension of the lease on the golf cart GPS systems at Desert Willow, and it carried by 4-0-1 vote (AYES: Benson, Harnik, Spiegel, and Tanner; NOES: None; ABSTAINING: Weber). F. REQUEST FOR AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) TO CONSULTANTS QUALIFIED TO PREPARE AN UPDATE OF THE CITY OF PALM DESERT GENERAL PLAN, AND APPOINT TWO MEMBERS OF THE CITY COUNCIL TO SERVE ON AN AD HOC SUBCOMMITTEE THAT WILL EVALUATE THE PROPOSALS RECEIVED (CONTRACT NO. C33240). Mayor Pro Tem Weber stated she would really like to work on this committee as the Council appoints two members. Councilmember Benson volunteered to work on the committee too, noting that she served as chairman of the group that performed the review last time and would like to do so again. Mayor Tanner added that he, too, served on the 2004 committee and offered to serve as an alternate for the two appointed members. Councilman Spiegel moved to, by Minute Motion: 1) Authorize staff to issue an RFP to consultants qualified to prepare an update of the 2004 Palm Desert General Plan; 2) appoint Councilmember Benson and Mayor Pro Tem Weber to serve on an Ad Hoc Subcommittee that will evaluate the proposals received in response to the RFP, with Mayor Tanner serving as their Alternate. Motion was seconded by Harnik and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). Mr. Wohlmuth pointed out that the two Councilmembers appointed will serve on the Evaluation Committee to review proposals as they're received, not necessarily on an ultimate committee that will guide the consultant through the General Plan process. He said that's a decision that will happen later. G. REQUEST FOR APPROVAL OF EXPANSION OF THE FREEDOM PARK DOG PARK AND A PROJECT BOND PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT FOR THIS PURPOSE (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Senior Management Analyst Ryan Stendell reported that the subject request will offer a good compromise in helping the City's Dog Parks network in the North Sphere by providing a regional solution at Freedom Park, which has 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 ample parking and can help take some of the load off the other neighborhood parks in the vicinity. He said Dog Park patrons that he's talked to seemed very supportive of this concept; many of them indicate that they come from this side of town and would be more than happy to use this facility if it were bigger. Therefore, staff believes this is a very good recreation solution for the dogs. Councilmember/Director Benson asked if there was a way to see that it's only Palm Desert residents who are using the facility. Councilman/Director Spiegel noted that in recently speaking with a Rancho Mirage Councilmember about their park enlargement project upon asking if it would include a dog park, the answer was that they'll let them use Palm Desert's. Councilmember/Director Benson responded she was aware that this was happening, and everyone believes Palm Desert will do it for the whole Coachella Valley. Further, all the complaints received by the City are from non-residents. Councilman/Director Spiegel observed that the problem stems from the University Dog Park facility, because of the bicycle lanes, etc., and it's overcrowded. The subject proposal will help take away that problem. He added that the Parks & Recreation Commission voted unanimously to approve this expansion. Councilmember/Director Benson restated her concern that there should be a sticker on the car of dog park users that signifies Palm Desert residency in order to keep the City from getting the reputation of doing this for the whole Valley. She reiterated that if the complaints didn't come from those outside the City, she wouldn't care; but they do, and non-residents are the reason for the overcrowding. She felt it was simple for people to have a small decal on their car to note Palm Desert residency. Mr. Stendell responded that this notion has certainly come up at past Parks & Recreation Commission Meetings. However, the program would require management that would be difficult — staff would have to ensure an ample supply of decals being available, a staff member being at the facility — and it would become similar to the Skate Park situation where a person is stationed. He said every time this idea has been discussed, it becomes cost prohibitive, especially with the City's four dog parks. Although, he said the good news here was that while some cities are saying no, some are saying yes, like Cathedral City's recent news about building its first dog park; and La Quinta has also stepped up in the last several years. He felt dog parks were catching on and even starting to make the national conferences and 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 trade journals that he receives — becoming much more popular and a trend that he felt some of the cities will go toward in the future. Councilman/Director Spiegel moved to: 1) By Minute Motion, authorize expansion of area of the Freedom Park Dog Park, as proposed in the accompanying staff report's Conceptual Design; 2) by Minute Motion, authorize staff to solicit bids for all project components (Contract No. C33250A); 3) by Minute Motion, appropriate $100,000 from Unobligated 233 Park Funds to Account No. 233-4670-454-4001 and estimate a reimbursement from the former Palm Desert Redevelopment Agency Project Area No. 4 Funding; 4) waive further reading and adopt Resolution Nos. 2014 - 04 and SA -RDA 023, approving the execution of a Freedom Park Dog Park Project Bond Proceeds Funding Agreement between the Successor Agency to the Palm Desert Redevelopment Agency and the City of Palm Desert, and taking certain related actions (Contract No. C33250B); 5) by Minute Motion, approve of and authorize the Mayor/Chair to execute said Project Funding Agreement. Motion was seconded by Harnik and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). H. INFORMATIONAL REPORT OF PROPOSED NEW SCULPTURES AND MOVEMENT OF EXISTING SCULPTURES AT THE PALM SPRINGS ART MUSEUM - PALM DESERT AND AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR MISCELLANEOUS IMPROVEMENTS. Management Analyst Deborah Schwartz reported that the Art Museum would like to add four sculptures to the Sculpture Garden and move two. She added then they're bringing another one that they're going to be placing on property the Museum actually manages but first wanted to show the City Council. She went on to say that the sculptures were brought before the Art In Public Places Commission at its January meeting; however, according to the Lease, they don't actually approve the artwork but review it, and they were all very supportive of the changes and new pieces. Councilman Spiegel moved to, by Minute Motion: 1) Receive and file the Informational Report; 2) authorize the City Clerk to advertise and call for bids for construction of Palm Springs Art Museum -Palm Desert Improvements (Contract No. C33260, Project No. 872-14). Motion was seconded by Harnik and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). I. REQUEST FOR APPROVAL OF FUNDING THE ANNUAL FINE ART INSURANCE PREMIUM IN THE AMOUNT OF $8,250 FOR ART SCULPTURES LOCATED WITHIN THE ERIC JOHNSON MEMORIAL GARDEN PER TERMS OF THE LEASE AGREEMENT WITH THE PALM SPRINGS ART MUSEUM. In answer to question, Mr. Aryan confirmed this payment was part of the Lease Agreement and non-negotiable. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 Councilman Spiegel moved to, by Minute Motion: 1) Approve $8,250 in funding for the Annual Fine Art Insurance Premium for art sculptures to be placed in the Eric Johnson Memorial Garden, per conditions of the Lease Agreement with the Palm Springs Art Museum (Contract No. C29860); 2) appropriate $8,250 from the Unobligated General Fund for Fine Art Annual Insurance Premium costs and transfer to Account No. 110-4800-454-3885 for this purpose. Motion was seconded by Harnik and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). J. REQUEST FOR APPROVAL OF A CONTRACT WITH RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR SPONSORSHIP OF THE 2014 RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL IN AN AMOUNT UP TO $20,000 (CONTRACT NO. C33270). Mr. Wohlmuth stated that he was approached by the County about two goals it has. First, to get cities more involved in the Riverside County Fair and National Date Festival ("Fair") that is held in the Coachella Valley, and, in turn, the County wants to participate more with the cities to make sure the Fair is supported by the Coachella Valley. Secondly, he said at the time he was approached, the County was negotiating with the Lt. Dan Band and Gary Sinise, who has a 501(c)(3) Foundation to support programs for wounded veterans and was interested in bringing his band to the Fair in 2014. The County was concerned about the amount of the contract and wanted City support to bring in the performance, and he conveyed that he felt the City of Palm Desert should support the Fair. However, he was concerned about bringing the Lt. Dan Band here and Mr. Sinise raising money for his charity, with resulting funds being spent elsewhere in the U.S. instead of locally. Therefore, he indicated his recommendation to the City Council would be that it support the Fair but that funds raised for the wounded veterans program home should stay in the Coachella Valley, particularly in Palm Desert, because it has a Preliminary Disposition and Development Agreement (DDA) with Habitat For Humanity for two Tots on San Benito Circle. He then suggested to the County that if it's going to bring the Lt. Dan Band to the Coachella Valley for the Fair, the funds raised go to Habitat For Humanity to build the wounded veterans home in Palm Desert. He liked the concept for San Benito Circle due to its proximity to downtown Palm Desert, Walgreens, Westfield, food, etc.; and that is where the second $10,000 being requested is recommended to be spent. He noted that Housing Department Management Analyst Jessica Gonzales has been helping in these negotiations with Riverside County and Habitat For Humanity and asked her to explain the status. Ms. Gonzales advised that staff has met with both Habitat For Humanity and the Riverside County Economic Development Agency (EDA), they're proposing to select a wounded veteran and are working with different organizations in the County to select that individual. She said it was hoped that a local veteran would be selected in the next couple of weeks. Once the 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 selection is made, the DDA will be finalized with Habitat and will come before City Council at that time. She added that the additional $10,000 of funding will only be provided in the sponsorship to EDA if they are able to make a financial commitment from an organization, such as the Sinise Foundation or other charitable fund, to provide the features needed for the local wounded veteran that is selected for the affordable housing build. She noted that this will be a new build on the San Benito lots. Councilman Spiegel commented the City has given money to the Fair in the past, most notably to keep Marlboro cigarettes from having a booth there. Councilmember Benson agreed. Mayor Tanner added that he felt now the City was being asked to give money to an even better cause and was a wonderful thing for the City to do for a wounded warrior. Councilmember Harnik agreed that it was a noble cause and applauded the City Manager for the recommendation he made. Councilmember Harnik moved to, by Minute Motion: 1) Approve the subject contract with the Riverside County Economic Development Agency (EDA) in the amount of $10,000 to sponsor the 2014 Riverside County Fair and National Date Festival, February 14-23, substantially to form; 2) authorize an additional amount of $10,000 to be provided in sponsorship only in the event EDA successfully obtains a commitment from an organization, including, but not limited to, the Gary Sinise Foundation, to financially support the project and/or inclusion of specially -adaptable home design features that meet the needs of a selected disabled veteran for a Habitat for Humanity of the Coachella Valley, Inc., new home build; 3) authorize the Director of Finance to appropriate $20,000 from the Community Contingency Reserve Account for the above; 4) authorize the City Manager or his designee to finalize the contract and the Mayor to execute the contract to effectuate the actions taken herewith. Motion was seconded by Spiegel and carried by 5-0 (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA AT THE CONVENING OF THIS MEETING AT 3:00 P.M. K. REQUEST FOR AUTHORIZATION TO PURCHASE SEVEN (7) POLICE RADIOS/SCANNERS FOR THE CITIZENS ON PATROL PROGRAM (COPS) IN THE AMOUNT OF $31,302.81. Ms. Riddle explained that recently the Riverside County Sheriff's Department switched over to its new communication system, which requires that new radios and scanners be purchased for the COPS Program so that they're compatible with the new system. She said that COPS currently leased scanners through the Sheriff's Department, but they're now obsolete. Staff has looked at the options and believes purchasing new units is better than leasing, as a savings could be realized compared to the cost of a five-year lease. Further, she said it was unlikely that the Sheriffs Department would 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 make another significant changeover in its communication system within the next five years. Responding to question, she said purchase price of one scanner is $4,471.83. Councilman Spiegel moved to, by Minute Motion: 1) Authorize purchase of seven (7) Police Radios/Scanners from the Palm Desert Police Department/Riverside County Sheriffs Department in the amount of $31,302.81; 2) appropriate funds in the amount of $31,302.81 from the Unobligated General Fund Reserve to Account No. 110-4210-422-3060 for this purpose. Motion was seconded by Benson. In answer to further question about the difference between leases of equipment typically offering insurance and the purchase price shown here offering the same thing for replacement, Ms. Riddle said it didn't. However, she added that whether they're leased or purchased, a maintenance contract is required; but if a unit is broken beyond repair, the City would have to purchase a new one. She added that there was a warranty included on the units for at least the first year and offered to confirm this fact; but if the unit is broken outside of those terms, the City would have to pay to replace it anyway. Mr. Wohlmuth pointed out that the City has seven (7) COPS vehicles, and the seven radios being requested would be installed in each of them in order for COPS Members to communicate with Police. He went on to say that COPS assist sworn officers in the community for instances such as traffic accidents, providing lane delineation and/or protection for officers doing the investigation, etc. When the COPS vehicles have these radios in their vehicles, they can hear when an incident has occurred and can readily respond. Councilman Spiegel added that COPS volunteers are a real asset to the City. Mayor Tanner called for the vote on the motion, and it carried 5-0 (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). XV. CONTINUED BUSINESS A. INFORMATIONAL REPORT ON HOLIDAY DECOR PROGRAM (Continued from the meeting of January 9, 2014). Mr. Aryan noted the continuance of this item and offered that the El Paseo Business Improvement District Board since reviewed it and unanimously recommended extending the lights until March 9 (start of Daylight Savings Time). Further, he explained that according to media reports, cost to extend the decor was $4,000; however, that cost was to relocate some existing wiring from the turf area so as not to interfere with weekly maintenance operations - not operate the lights longer. He said this was a cost that would have to be paid regardless of removing the lights today or extending their 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 being up. Additionally, he'd spoken with the City's vendor, who indicated that there is no additional maintenance cost for him to keep the lights up through March 9, 2014; the only consideration would be running them longer, which may affect having to replace them sooner than expected originally. In response to question, he confirmed that the lights are LED -type. Further responding to question about keeping the lights up through Fashion Week at the end of March, he said it was staff's recommendation to keep them up through the start of Daylight Savings Time on March 9. He said the only costs involved would be electricity, which would be minimal with the LED - type lights. Mr. Wohlmuth reconfirmed that it was staffs recommendation to keep the median lights up through March 9, but if the Council chooses to keep them up through Fashion Week, staff does not anticipate additional costs for the additional two weeks other than the electricity charges. Mayor Pro Tem Weber liked the idea of keeping them up through Fashion Week in order to generate more excitement. Mayor Pro Tem Weber moved to, by Minute Motion: 1) Receive and file Informational Report on the City's Holiday Decor Program; 2) direct median lights to stay up longer during the entire shopping season, through Fashion Week 2014; 3) approve modifications to the electrical retrofit on the El Paseo Medians in an amount not to exceed $4,000 — funds are available within the Landscape Services Maintenance Account, no appropriation requested. Councilmember Harnik offered to second the motion with an amendment to keep the lights on longer than through Fashion Week, given that the Council previously approved on today's agenda the Desert Concorso Auto Show on March 30, and she proposed leaving the lights on through April 1, 2014, with the understanding that the health of the trees in the medians would be protected and ensuring that all the lights on the trees go on and are properly operating during that period of time, and Mayor Pro Tem Weber agreed with this amendment. Councilman Spiegel noted that initially the thought was to take the lights down now because they were really intended for the holiday season. But this will still allow seven or eight months without the lights, meaning it will be fresh again next season. Mayor Tanner agreed it was a great idea to keep the lights up on El Paseo to make it a great entryway. MR. DAVID FLETCHER, Chartwell Properties, 73061 El Paseo, #200, Palm Desert, offered to answer questions as President of the El Paseo Business Improvement District, confirming that the Board unanimously approved the idea. He said although the idea of running the lights through 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 Fashion Week didn't come up, it was a great plan, and they appreciate it. Further, they appreciate all the efforts put forth by the City this year; he felt the medians looked fabulous and created a lot of buzz on the street. Additionally, he said his company has contemplated the idea on its properties — having lights for just Christmas, just season, all year, etc. — and this year they'll be leaving theirs up, assuming the City was going to do the same, and he advised that The Gardens was also leaving theirs up this year. He said they find that the visitors really like the effect, it leaves a very memorable impression in their minds — they're only here a day or a week — so it's new to them. He noted that it's special even for those who live here all year, comparing it to going to Disneyland where the lights are up all the time and always special there too. Mayor Tanner called for the vote on the motion to approve leaving the median lights on El Paseo through April 1, 2014, and the $4,000 expenditure to perform a minor electrical retrofit, and it carried 4-1 (AYES: Harnik, Spiegel, Weber, and Tanner; NOES: Benson). XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACTS FOR CONSTRUCTION OF AND CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE MONTEREY AVENUE AT 1-10 RAMP MODIFICATIONS PROJECT (PROJECT NO. 669-02). Mr. Chen stated that staff was happy to bring the long-awaited Monterey/I-10 Ramp Modification Project to the Council for award of the construction contract to Powell Constructors, Inc., as well as construction management contract with Dynamic Engineering Services, Inc. In answer to question about the project costing more than originally planned, he said it would not; and is actually right on target with the estimate. Councilman Spiegel moved to, by Minute Motion: 1) Waive minor clerical irregularities in the contract bid submitted by Powell Constructors, Inc; 2) award Contract No. C22310H for Construction of the Monterey Avenue at 1-10 Ramp Modifications Project to Powell Constructors, Inc., Fontana, California, in the amount of $7,037,417.35; 3) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $703,741.74; 4) award Contract No. C22310I for Construction Management Services on the Monterey Avenue at 1-10 Ramp Modifications Project to Dynamic Engineering Services, Inc., Corona, California, in the amount of $785,714.20; 5) authorize the Mayor to execute the aforementioned contracts — funds are available in Account No. 213-4389-433-4001 - Monterey Avenue at I-10 Ramp Modification; the City will receive Federal, State, and Local Reimbursement, as shown in the accompanying staff report. Motion was seconded by Weber and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1, ADDITIONAL GEOTECHNICAL TESTING, AND A REQUEST FOR ACCEPTANCE OF WORK FOR CONTRACT NO. C29780A- MONTEREYAVENUEAND FRED WARING DRIVE IMPROVEMENT PROJECT (PROJECT NO. 656-06) (Granite Construction Company, Indio, CA). Mr. Chen advised that this was the Monterey/Fred Waring project that was just completed, with a little bit of an unforeseen condition requiring a minor Change Order for Council's approval here. He went on to commend the City's new Senior Engineer, Joel Montalvo, who did a great job managing the project from start to finish. Councilman Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 1 in the amount of $50,000 to the subject contract with Granite Construction Company, Indio, California; 2) authorize the transfer of $50,000 from contingency to base for the contract; 3) authorize the Mayor to execute Change Order No. 1; 4) authorize payment of invoices totaling $15,334.50 to Sladden Engineering for additional geotechnical testing for the Monterey Avenue and Fred Waring Drive Improvement Project; 5) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project — funds for additional geotechnical testing are available in Account No. 213-4383-433-4001. Motion was seconded by Harnik and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of December 30, 2013 - January 10, 2014. Mr. Wohlmuth noted his report that was contained in the agenda packets and offered to answer questions. Responding to request for comment about the walk-through he did at the former Casey's Restaurant site, he said the issues were substantial; the building is in disrepair, and there are significant concerns. Ultimately, he stated that the building would have to be torn down, as there was no reason to keep it; the lot itself is more marketable being bare. Further, given that the State of California Department of Finance has not yet approved the Palm Desert Long- range Property Management Plan, with the issues of the electrical 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 room and air conditioning system, the building is likely a bigger hazard than the City wants to have there. With City Council concurrence, the Meeting Summaries were received and filed. 2. Vehicle Speed Feedback Sians in City School Zones Mr. Wohlmuth followed up on Councilman Spiegel's question from the last Council Meeting on January 9 about whether or not the installed Speed Feedback Signs were programmed for the half -day, noontime kindergarten dismissal. He said the signs have been programmed for noontime as applicable. The Feedback Signs Schedule includes being programmed to come on during the two-hour period surrounding school arrival time and during the two-hour period around normal dismissal (3:00 p.m.), with the noontime period also programmed if the school has a half -day kindergarten schedule. B. CITY ATTORNEY None C. CITY CLERK 1. Announcement of City Council Study Session Planned for Wednesday, January 29, 2014 — Time to Be Announced — To Interview Applicants for Various Standing Committee and Commission Vacancies. Ms. Klassen called attention to the announcement and added that staff had scheduled the start time for 8:30 a.m. Responding to question, she said there are approximately eight applicants to interview from the list of names provided to her office by Councilmembers. Councilmembers took note of the Study Session schedule. 2. Consideration of the Appointment of Voting Delegate and/or Alternate to Attend the Southern California Association of Governments (SCAG) General Assembly May 1-2, 2014, at the Renaissance Esmeralda Resort & Spa, Indian Wells. Ms. Klassen went on to report that SCAG has requested that the Palm Desert City Council make an appointment of a voting delegate and/or alternate to their General Assembly if it desires to be represented there. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 Councilmember Harnik offered to be the voting delegate, and Councilman Spiegel offered to be the alternate. Mayor Pro Tem Weber moved to, by Minute Motion, appoint Councilmember Jan C. Harnik as the City of Palm Desert's Voting Delegate and Councilman Robert A. Spiegel Alternate for the SCAG General Assembly on May 1-2, 2014. Motion was seconded by Tanner and carried by 5-0 vote (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None). 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: None 4. City Council Comments: a) 2014 Fashion Week Kickoff Meetina — Councilmember Harnik reported that she and Mayor Tanner attended the Kickoff event recently, and they did a great job. She said it's very exciting and was glad to see it developing the way it is. b) Walmart Neighborhood Market Opening — Councilmember Benson stated she was pleased to represent the City at the early -morning opening of the new Neighborhood Market recently. She said they even had a band playing for the event, it was a very nice opening, the store looked very good, and noted they were handing out reusable grocery bags to everybody there. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014 5. Suaaested Items for Future Citv Council Meeting Agendas: None XIX. ADJOURNMENT Upon a motion by Spiegel, second by Weber, and unanimous consent of the City Council, Mayor Tanner adjourned the meeting at 5:24 p.m. ATTEST: RA HE LE D. KLASSEN, .r Y CLERK CITY OF PALM DESERT, CALIFORNIA VAN G. TANNER, MAYOR 28