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HomeMy WebLinkAbout2014-07-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 10, 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. IL ROLL CALL Present: Councilmember Jean M. Benson Councilmember Jan C. Hamik Mayor Pro Tem Susan Marie Weber Mayor Van G. Tanner Absent: Councilman Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager Robert W. Hargreaves, Assistant City Attorney Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety 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 Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Casey Hartman, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: 1) Property: 75326 Kelsey Circle North (APN 634-241-031), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Jacqueline Maglione Under Negotiation: x Price x Terms of Payment 2) Property: APNs 620-450-012, -014; 620-450-016, -018, -020; 620-370-002, -004, -017, -018, -020, -033, and -043 Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/ Martin Alvarez/City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding existing litigation pursuant to Govemment Code Section 54956.9(d)(1): 1) WNRA Palm Desert 103, LP, v. City of Palm Desert, et al., Riverside County Superior Court, Case No. PSC 1400549 C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Govemment Code Section 54956.9(d)(2): Number of potential cases: 2 With City Council concurrence, Mayor Tanner adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Van G. Tanner VII. INVOCATION - Councilmember Jean M. Benson VIII. ORAL COMMUNICATIONS - B MR. TERRY COLLIER, Ajo Lane, Palm Desert, recalled for the City Council that years ago he and some college friends decided to do something really extraordinary and drove to South America and back. He said it was an unusual trip, very hard, but one that put him in touch with the people of Central America very nicely. He related that he was invited to many people's homes, enjoyed their hospitality, and was very uplifted by the experience. However, when he recently saw on the news what was happening in Murrieta, Califomia, he was disappointed. Coincidentally, some friends of his just returned from a trip to Europe; apparently, the footage being seen on television in the U.S. of the Murrieta incident was different than that being shown in Europe and throughout other countries of the world. Outside the U.S., images show Americans as very callous and hard-hearted people, and more greedily oriented toward the dollar than in wanting to take care of little kids. Irregardless of what their purpose is for migrating to our country, he felt the U.S. could do much better than what he saw on television. Above all, he felt it was wrong for people to take the Stars and Stripes, try to stand behind it and hold it out in front to do nothing more than voice anger and contempt for people searching for something better; it's not what the flag should be used for. In Europe, footage of the incident showed the flag being used to hit the side of the bus, and to him, that was in direct violation to proper flag usage. He wanted the people of Murrieta and everyone to think about reversing their roles - putting themselves inside the bus, looking out the window - then asking themselves how they would feel. He believed the concept of "illegal alien" was improper and akin to other racial slurs; what he saw on those buses was "undocumented people" and proposed everyone begin using this terminology instead to eliminate the negative connotations. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, JULY 10, 2014, AS "INVESTIGATOR THOMAS MICHNA DAY" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Tanner presented the proclamation to Riverside County Sheriffs/Palm Desert Police Department Investigator Michna and heartily congratulated him on his 34 years of public service to the United States of America as a Sergeant in the Air Force, to the County of Riverside and City of Palm Desert. He was wished all the very best in retirement. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 Investigator Michna graciously accepted and thanked the Mayor and City Council for this honor. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 26, 2014. Rec: By Minute Motion, continue to the meeting of August 28, 2014. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 247, 262, 264, and 269. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#7361 by Linda Cameron in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. ART IN PUBLIC PLACES COMMISSION Meeting Minutes for April 9, 2014. Rec: Receive and file. E. LETTER OF RESIGNATION from Dean Dowty — Parks & Recreation Commission. Rec: Receive with very sincere regret. F. REQUEST FOR ADOPTION of Resolutions - Setting Forth Findings and Authorizing the Destruction of Files from the Department of Building and Safety that Have Been Digitally Imaged (Months of July, August, and September 2013). Rec: Waive further reading and adopt Resolution Nos.: 1) 2014 - 71 - July 2013 Records; 2) 2014 - 72 - August 2013 Records; 3) 2014 - 73 - September 2013 Records. G. REQUEST FOR DECLARATION of the City's Two 2004 BMW 1150RT-P Motorcycles as Surplus and Authorize Disposal Via Auction. Rec: By Minute Motion, declare the City's two 2004 BMW 1150RT-P Motorcycles as surplus (V.I.N.s WB10499AX4ZE93224 and WB10499A84ZE91472) and authorize auctioning these vehicles by Ken Porter Auctions, Carson, Califomia. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 H. REQUEST FQR AUTHORIZATION to Streamline the Use of Various Vendors and Qualified Service Providers by Approving the Abatement Services Vendors List and Granting Exception to Bidding Requirements as Provided for by Section 3.32.090 of the Palm Desert Municipal Code for Fiscal Year 2014-2015. Rec: By Minute Motion, approve: 1) Staff to use vendors on the Abatement Services Vendors List as attached to the accompanying staff report; 2) exception to bidding requirements as provided for by Section 3.32.090 of the Palm Desert Municipal Code for FY 2014-2015. I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C33170 — 2014 Curb Ramp Modification Project (Project No. 753-14) (Westcon Construction, Inc., Indio, 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. J. REQUEST FOR APPROVAL of First Amendment to Contract for De -installation of the 2013/2014 El Paseo Invitational Exhibition and Installation of the 2015/2016 El Paseo Invitational Exhibition (Contract No. C32221). Rec: By Minute Motion, approve First Amendment to renew the subject contract with Same Day Express, Palm Desert, California, in the amount of $3,800 for De -installation of the 2013/2014 El Paseo Invitational Exhibition and Installation of the 2015/2016 El Paseo Invitational Exhibition — funds are available in Account No. 436-4650-454-4002. K. CONSIDERATION of Request to Renovate the Communication Infrastructure at the Palm Desert Historical Society Facility Located at 72861 El Paseo. Rec: By Minute Motion: 1) Approve renovation of communication infrastructure at the Palm Desert Historical Society facility, 72861 El Paseo, in an amount not to exceed $15,000; 2) appropriate $15,000 from the Unobligated General Fund and transfer to Account No. 110-4130-411-3090 - City Manager Professional Other; 3) authorize the City Manager to execute any contractual documents related to this improvement (Contract No. Q33790). Approved 3-0-1 (AYES: Benson, Harnik, and Tanner; NOES: None; ABSTAINING: Weber; ABSENT: Spiegel) 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 L. REQUE$T FOR APPROVAL of the 2014 Palm Desert Golf Cart Parade, Sponsorship, and Expenditures — Sunday, October 26, 2014 (Palm Desert Chamber of Commerce, Applicant). Rec: By Minute Motion: 1) Approve sponsorship for the 2014 Golf Cart Parade in the amount of $40,000 and in -kind Public Works services; 2) authorize said sponsorship expenditure from Account No. 110-4416-414-3062; 3) authorize $500 expenditure for the Mayor's Trophy Award from Account No. 110-4416-414-3062; 4) authorize expenditure in an amount not to exceed $10,000 for construction of the City's Golf Cart float from Account No. 110-4416-414-3061; 5) permit the sale, possession, and consumption of alcoholic beverages on City -owned property in connection with the event; 6) authorize El Paseo road closures for the event; 7) waive Palm Desert Municipal Code Section 11.01.140 - Amplified Sound for the event. M. REQUEST FOR APPROVAL of Miscellaneous Event Sponsorship Expenditures for Fiscal Year 2014-2015. Rec: By Minute Motion, approve the following event sponsorship expenditures for FY 2014-2015: 1) Desert Sculpture Symposium in the amount of $5,000 payable to designated vendors as necessitated by event organizers; 2) Senior Inspiration Awards sponsorship in the amount of $2,500 payable to Riverside County Foundation On Aging; 3) International Sports Festival sponsorship in the amount of $26,000 payable to Desert Recreation District; 4) Modernism Week sponsorship in the amount of $2,500 payable to Modernism Week; 5) Family Safety Festival in the amount of $2,000 payable to Morris Desert Media; 6) Restaurant Week in the amount of $2,500 payable to Palm Springs Desert Resorts Restaurant Association (PSDRRA, Inc.); 7) authorize expenditures for each sponsorship from Account No. 110-4416-414-3062. N. REQUE$T FOR APPROVAL of the 2014 Fall Concert Series in the City of Palm Desert. Rec: By Minute Motion: 1) Approve the 2014 Fall Concert Series Schedule; 2) approve Contract No. C33800A with The Secret Jazz Band (Classic Jazz) in the amount of $1,200; 3) approve Contract No. C33800B with Leonard K. Rose (Anglo-African Fusion) in the amount of $1,350; 4) approve Contract No. C33800C with Moonsville Collective (Bluegrass/Americana) (performance sponsored by Family Y.M.C.A. of the Desert); 5) approve Contract No. C33800D 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 with The Long Run (Eagles Tribute Band) in the amount of $3,750; 6) approve Contract No. C33800E with Blue Breeze Entertainment (Motown/R&B) in the amount of $3,000; 7) approve Contract No. C33810 with Studio Instrument Rentals (SIR), Palm Springs, California, for professional staff, instrumental equipment, sound, and/or lighting in conjunction with the City -sponsored concerts for FY 2014-2015 in the amount of $19,800; 8) authorize the Mayor to execute the subject contracts; 9) authorize City Manager to approve expenditure with Morris Desert Media for radio promotion and live remotes for the concert series — funds are available in Account No. 110-4416-414-3061. O. REQUEST FOR APPROVAL of Date and Course Map for the Palm Springs Art Museum -Palm Deserts Galen 5K Run/Walk — Saturday, December 27, 2014. Rec: By Minute Motion, approve: 1) Saturday, December 27, 2014, date for the Palm Springs Art Museum -Palm Desert's Galen 5K Run/Walk; 2) course map to include road closures on Painters Path (from El Paseo to Fred Waring Drive - behind Desert Crossing) and Edgehill Drive (from El Paseo to Cahuilla Hills Park). Approved 3-0-1, (AYES: Benson, Weber, and Tanner; NOES: None; ABSTAINING: Hamik; ABSENT: Spiegel) Mayor Pro Tem Weber noted she would abstain on Item K, because she served on the board of the Palm Desert Historical Society, and Councilmember Hamik stated she would abstain on Item O. Upon a motion by Harnik, second by Benson, and 4-0 vote of the City Council, with the exception of Items K and O, the remainder of the Consent Calendar was approved as presented (AYES: Benson, Hamik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 XIII. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1273, - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.12 OF THE PALM DESERT MUNICIPAL CODE - SINGLE -USE CARRYOUT PLASTIC BAGS. Principal Planner Tony Bagato noted this was the second reading of the modified Ordinance. Councilmember Hamik stated Mr. Bagato did a great job making a presentation at the Chamber of Commerce breakfast this past Tuesday regarding this issue. She said the presentation was complete, easy to understand, and very well received. Councilmember Hamik moved to waive further reading and adopt Ordinance No. 1273. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Benson, Harnik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). 2. ORDINANCE NO. 1274 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE BY AMENDING SECTION 2.52.420 - ADVANCEMENTS WITHIN SALARY SCHEDULES. Human Resources Manager Lori Carney stated this was the second reading of an Ordinance that was passed at the last City Council meeting. One main change is the splitting of the top step into two steps; therefore, there is no actual change in the salary range for any employee, it's just lengthening the amount of time it would take to get to the top. Councilmember Harnik moved to waive further reading and adopt Ordinance No. 1274. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Benson, Harnik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 XIV. NEW BUSINESS A. INFORMATIONAL REPORT REGARDING PHASE TWO OF THE PALM SPRINGS ART MUSEUM -PALM DESERT (PSAM-PD)-PROPOSED IMPROVEMENTS PROJECT FOR FISCAL YEAR 2014-2015. Mr. Aryan stated the informational report explains the work being done is part of the lease agreement the City has with the Palm Springs Art Museum. Responding to question about the cost per sculpture, he explained it was $10,000 for relocation/installation of the sculptures, which entails lighting and foundation work. He said there is no minimum or maximum amount; however, he informed the Museum that $50,000 is the amount the City had budgeted for this project, so if the cost is more, the Museum will need to scale back. He went on to say this item includes authorization for reimbursement to the Museum for the project, which is part of the recommendation. Mayor Pro Tem Weber moved to, by Minute Motion: 1) Receive and file the informational report; 2) authorize reimbursement to the Palm Springs Art Museum - Palm Desert for proposed improvements per terms of the Lease Agreement dated July 1, 2010 (Contract No. C29860) — funds are budgeted in General Fund Account No. 110- -4800-454-3885 - Contributions to Palm Springs Art Museum -Palm Desert. Motion was seconded by Benson and carried by a 3-0-1 vote (AYES: Benson, Weber, and Tanner; NOES: None; ABSTAINING: Hamik; ABSENT: Spiegel). B. REQUEST FOR AUTHORIZATION TO PURCHASE FERTILIZER PRODUCTS FROM CROP PRODUCTION SERVICES FOR THE DESERT WILLOW GOLF RESORT IN AN AMOUNT NOT TO EXCEED $213,708.24 (CONTRACT NO. C33640, PROJECT NO. 843-15). Mr. Greenwood stated this was the routine annual fertilizer purchase for Desert Willow Golf Resort. Responding to question, he confirmed funds were in the budget. Councilmember Benson moved to, by Minute Motion, authorize: 1) Desert Willow Golf Resort to purchase fertilizer products from Crop Production Services, San Jacinto, Califomia, in an amount not to exceed $213,708.24; 2) authorize the Mayor to execute said contract for same — funds are available in Course and Grounds Expenses, Account No. 520-4195-495-8031. Motion was seconded by Hamik and carried by a 4-0 vote (AYES: Benson, Hamik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 C. REQUEST FOR AWARD OF CONTRACI TO UNION TREE AND PALM SERVICES, INC., IN AN AMOUNT NOT TO EXCEED $51,000 FOR TREE PRUNING AT DESERT WILLOW GOLF RESORT (CONTRACT NO. C33650, PROJECT NO. 842-15). Mr. Greenwood stated this was a routine annual tree pruning project at Desert Willow Golf Resort. Councilmember Hamik moved to, by Minute Motion, authorize: 1) Award of the subject contract for Tree Pruning at Desert Willow Golf Resort to Union Tree and Palm Services, Inc., Cathedral City, Califomia, in an amount not to exceed $51,000; 2) Mayor to execute said contract — funds are available in Course and Grounds Expenses, Account No. 520-4195-495-8031. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Benson, Hamik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). D. REQUEST FQR AWARD OF PURVHASOF 191,000 POUNDS OF GRASS SEED TO HIGH TECH IRRIGATION IN THE AMOUNT OF $219,234.60. Mr. Greenwood stated this was a routine annual contract for the purchase of grass seed for Desert Willow Golf Resort, City parks, and a few medians where there is turf. Councilmember Hamik moved to, by Minute Motion, award the purchase of 191,000 pounds of grass seed to High Tech Irrigation, Palm Desert, Califomia, in the amount of $219,234.60 — funds are available in General Fund Account Nos. 110-4610-453-3320 - R/M Civic Center Park, 110-4610-453-3371 - R/M Tri-Cities Sports Facility, 110-4611-453-3320 - R/M Parks, 110-4614-453-3370 - R/M Medians, and in Account No. 276-4374-433-3321 - R/M Haystack for the City's portion, and Desert Willow Corporation will fund the balance. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Benson, Hamik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). E. REQUEST FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT, PALM DESERT CHARTER MIDDLE SCHOOL, AND THE CITY OF PALM DESERT AS IT RELATES TO PARTICIPATION IN THE AFTER SCHOOL PROGRAM AT PALM DESERT CHARTER MIDDLE SCHOOL (CONTRACT NO. C338201. Ms. Riddle stated this request for $75,000 is included in the budget to assist with funding the After School Program at Palm Desert Charter Middle School; the program serves approximately 150 students. Responding to question, she said last year's contribution was for the same amount. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 Mayor Tanner congratulated Director of Special Programs Frankie Riddle for being Employee of the Year for the City of Palm Desert as recognized by the Palm Desert Chamber of Commerce. Councilmember Hamik moved to, by Minute Motion, authorize the Mayor to execute the subject MOU between the Desert Sands Unified School District, Palm Desert Charter Middle School, and the City relative to the After School Program at Palm Desert Charter Middle School — funding in the amount of $75,000 was included within the FY 2014-2015 Budget. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Benson, Hamik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). F. REQUEST FOR APPRQVALOF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT, FAMILY Y.M.C.A. OF THE DESERT, AND THE CITY OF PALM DESERT AS IT RELATES TO PARTICIPATION IN THE AFTER SCHOOL PROGRAM AT ABRAHAM LINCOLN ELEMENTARY SCHOOL (CONTRACT NO. C33830). Ms. Riddle stated this was a request for $75,000 to assist with the After School Program at Lincoln Elementary School; the program serves approximately 100 students. Councilmember Hamik moved to, by Minute Motion, authorize the Mayor to execute the subject MOU between Desert Sands Unified School District, Family Y.M.C.A. of the Desert, and the City relative to the After School Program at Abraham Lincoln Elementary School — funding in the amount of $75,000 was included within the FY 2014-2015 Budget. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Benson, Harnik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). G. REQUEST FOR AWARD OF CONTRACT TO MATICH CORPORATION, INC., IN THE AMOUNT OF $2,993,000 FOR CONSTRUCTION OF THE 2015 STREET RESURFACING PROJECT (CONTRACT NO. C33660, PROJECT NO. 752-15). Mr. Greenwood stated this contract was for the annual street resurfacing program. He said the City is doing several streets in south Palm Desert and most of the streets in the industrial areas. Councilmember Benson moved to, by Minute Motion: 1) Waive bid irregularity; 2) award subject contract, including Bid Altemate #1, for Construction of the 2015 Street Resurfacing Project to Matich Corporation, Inc., Highland, California, in the amount of $2,993,000; 3) authorize Director of Finance to set aside a 10% contingency for the project in the amount of $299,300; 4) authorize Mayor to execute said contract — funding is available in General Fund Street Maintenance Account No. 110-4311-433-3320, Recycling Fund Street Maintenance Account No. 236-4311-433-3320, the Measure "A" Street Maintenance Account, No. 213-4311-433-3320, and the Gas Tax Fund Street Maintenance 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 Account No. 211-4311-433-3320. Motion was seconded by Hamik and carried by a 4-0 vote (AYES: Benson, Hamik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). H. REQUEST FQR APPROVAL OF AMENDMENT NO. 2 TO CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 1, A ONE-YEAR EXTENSION WITH VINTAGE ASSOCIATES, INC., IN THE AMOUNT OF $153,120 AND INCLUDING REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% (CONTRACT NO. C32161, PROJECT NO. 901-11). Mr. Greenwood stated this item and the two that follow on the agenda are recommended extensions of existing landscape contracts with Vintage Associates, Inc. Councilmember Hamik moved to, by Minute Motion: 1) Approve Amendment No. 2, a one-year extension, to the subject contract with Vintage Associates, Inc., Bermuda Dunes, Califomia, for Landscape Maintenance Area No. 1 in the amount of $153,120; 2) include repair work and services at the specified contract amount not to exceed 20% ($30,624); 3) authorize the Mayor to execute said Amendment — funds are available in Account Nos. 110-4614-453-3370 - R/M Medians and 276-4374-433-3320 - Haystack Drainage Channel. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Benson, Hamik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). I. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 16, A ONE-YEAR EXTENSION WITH VINTAGE ASSOCIATES, INC., IN THE AMOUNT OF $168,000 AND INCLUDING REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% (CONTRACT NO. C32171, PROJECT NO. 916-11). Mr. Greenwood stated this was a request for a one-year extension of the existing contract with Vintage Associates, Inc. Councilmember Hamik moved to, by Minute Motion: 1) Approve Amendment No. 1, a one-year extension, to the subject contract with Vintage Associates, Inc., Bermuda Dunes, Califomia, for Landscape Maintenance Area No. 16 in the amount of $168,000; 2) include extra repair work and services at the specified contract amount not to exceed 20% ($33,600); 3) authorize the Mayor to execute said Amendment — funds are available in Account No. 110-4611-453-3320 - R/M Landscaping Services. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Benson, Hamik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 J. REQUEST FOR APPROVAL OF AMENDMENT NO. 3 TO CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 18, A ONE-YEAR EXTENSION WITH VINTAGE ASSOCIATES, INC., IN THE AMOUNT OF $93,660 AND INCLUDING REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% (CONTRACT NO. C32191, PROJECT NO. 918-11). Mr. Greenwood stated this was the third one-year extension to the existing contract with Vintage Associates, Inc. Councilmember Harnik moved to, by Minute Motion: 1) Approve Amendment No. 3, a one-year extension, to the subject contract with Vintage Associates, Inc., Bermuda Dunes, Califomia, for Landscape Maintenance Area No. 18 in the amount of $93,660; 2) include repair work and services at the specified contract amount not to exceed 20% ($18,732); 3) authorize the Mayor to execute said Amendment — funds are available in Account No. 110-4611-453-3320 - R/M Landscaping Services. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Benson, Hamik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). K. REQUEST FQR AUTHORIZATION OF A ONE-YEAR CONTRACT EXTENSION WITH GLYN DONALD GRAY, d.b.a. GDG, FOR OPERATION OF THE EL PASEO COURTESY CART SERVICE (CONTRACT NO. C33081). Mr. Alvarez noted this was a one-year contract extension for GDG to operate the El Paseo Courtesy Cart Program, which runs from November 7, 2014, through May 10, 2015, and funds are budgeted for next fiscal year. Councilmember Benson moved to, by Minute Motion: 1) Approve a one-year contract extension with GDG, Palm Desert, Califomia, in an amount not to exceed $90,000 for operation ($79,500 for scheduled hours, $3,500 for operating during special events, and $7,000 for vehicle maintenance and repairs) of the El Paseo Courtesy Cart Service commencing November 7, 2014, through May 10, 2015; 2) authorize the reimbursement of $5,000 from El Paseo Business Improvement District Account No. 271-4491-464-3215 to Courtesy Cart Account No. 110-4416-434-3681 as contribution towards operations; 3) authorize the Mayor to execute said Contract Extension — funds are available in the approved FY 2014-2015 Budget, Account No. 110-4416-414-3681 - Courtesy Carts. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Benson, Harnik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 L. REQUE$T FOR APPROVAL OF THE PROPOSED DUAL TRASH/RECYCLING RECEPTACLE AND OPTION "A" BENCH DESIGNS, INCLUDING APPROPRIATION OF FUNDS FOR THIS PURPOSE TO PURCHASE 28 OPTION "A" BENCHES AND 28 DUAL TRASH/RECYCLING RECEPTACLES FOR PLACEMENT ON EL PASEO BETWEEN HIGHWAY 74 AND PORTOLA AVENUE, AND SOLE -SOURCE PROCUREMENT OF SAID ITEMS FROM GREENDAY, LLC. Management Analyst Deborah L. Schwartz stated this proposal is to replace the benches that are currently on El Paseo between Highway 74 and Portola Avenue. The current trash bins do not accommodate for recyclables, so the new receptacles will replace the single trash barrel with a dual trash/recycling receptacle. Responding to question about the replacements, she explained the City was replacing about 23 or 24 receptacles, but staff will order a couple of extras. Councilmember Hamik shared she and Councilmember Benson served on this committee and they went over to Greenday, which was a wonderful facility. She said Greenday used recycled glass in the product, and they make custom benches, statues, etc., and the process was great. She went on to say staff did a lot of experimenting with the samples to ensure the benches wouldn't stain. Councilmember Hamik moved to, by Minute Motion: 1) Approve Option "A" benches and dual trash/recycling receptacles as the designs to be placed on El Paseo between Highway 74 and Portola Avenue; 2) appropriate funds in the amount of $58,300 from Account No. 400-4679-454-4001 for the purchase of 28 Option "A" benches and 28 Option "A" trash/recycling receptacles; 3) approve an exemption from the bidding requirements as provided for in Palm Desert Municipal Code Section 3.32.090 to allow sole -source procurement of said items from Greenday, LLC, Indio, Califomia. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Benson, Hamik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). M. REQUEST FOR AWARD OF CONTRAC TO JUDICIAL DATA SERVICES FOR THE PROCESSING OF PARKING CITATIONS ISSUED BY THE CITY (CONTRACT NO. C33840). Code Compliance Supervisor Pedro Rodriguez stated this item is for award of contract for citation processing services. He said Judicial Data Services is the current vendor since 1990, and they are in good standing with the City. However, staff felt it was appropriate to solicit bids to see if the City was still obtaining the best price for citation processing services. The staff report includes a cost comparison chart of the bids received with Judicial Data Services being the lowest bidder once again. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 Mayor Tanner asked if the City generated revenue from the parking citations. Mr. Rodriguez answered yes, but he didn't have the exact breakdown. He said funds went toward court fees and such, and the City received a percentage back. Councilmember Hamik moved to, by Minute Motion: 1) Award the subject contract to Judicial Data Services, Costa Mesa, Califomia, for the processing of parking citations issued by the City; 2) authorize the Mayor to execute the agreement on behalf of the City. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Benson, Hamik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). N. REQUE$T FOR APPROVAL OF A FUNDING COMMITMENT OF $50,000 TO THE COACHELLA VALLEY ECONOMIC PARTNERSHIP'S 2014/2015 FISCAL BUDGET. Mr. Alvarez stated this item is for the annual commitment of sponsorship to the Coachella Valley Economic Partnership (CVEP) for Fiscal Year 2014/2015. He noted the request letter from Coachella Valley Economic Partnership and Return on Investment Statement was attached to the staff report. He noted members and representatives of CVEP were also available to answer questions. Mayor Pro Tem Weber moved to, by Minute Motion, approve a funding commitment of $50,000 to the Coachella Valley Economic Partnership's 2014/2015 fiscal budget — funding is available in the FY 2014-2015 General Fund Budget, Account No. 110-4430-422-3630 - Economic Development Dues. Councilmember Harnik stated CVEP was planning on providing a presentation, which she felt would be valuable to the Council. MR. EZEKIEL BONILLAS stated he was the Managing Director of the Coachella Valley Small Business Development Center (CV-SBDC), one of Coachella Valley Association of Governments' (CVAG) programs. He noted Chief Innovation Officer Joe Wallace who runs the Coachella Valley Innovation Hub (CViHub) was also present. He called attention to the brochures provided to the Council, which highlight the things they've done for the Coachella Valley Region as a whole, in particular CVEP's Workforce/Jobs Model. Since CVEP has started tracking, the economic impact that CVEP has produced for the Coachella Valley region is about $1.4 billion, which translated to 5,800 jobs in the region, and 130 companies that have been added, retaining jobs locally. He said CVEP impacted the City of Palm Desert through the Small Business Development Center. Since 2013 they have helped more than 70 Palm Desert business on how to retain jobs, which translated to 105 retained jobs, 8 new created jobs, and over $1.5 million has been awarded to Palm Desert businesses, bank financing, 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 or investor related financing. In addition, as part of their education arm, they have been able to award over $207,000 scholarships to about 51 students in Palm Desert during the 2013/2014 and 2014/2015 school years, Through the Small Business Development Center they host monthly workshops at the University of Riverside - Palm Desert Campus. Since January 2012, they have hosted more than 40 business and entrepreneur workshops, which translated to about 1,200 attendees. Some noteworthy accomplishments are that the Small Business Administration (SBA) has awarded the Small Business Development Center the "Partnership Award in Best Return on Investment (ROI)" in late 2014, and the"Excellence in Innovation Award in 2014. He said they have expanded their operations in Palm Desert and Joe Wallace will provide updates on the East Valley Innovation Hub. MR. JOE WALLACE, Coachella Valley Innovation Hub (CViHub), stated the Innovation iHub and Accelerator Campus just finished its first three years of operation. During the three years, 29 businesses were accepted into the program, 23 are still being mentored, and 3 of the 6 that have completed the program are still operating, and two of them are in Palm Desert. He said 67 jobs have been created, and when looking at the cumulative numbers for the entire three years, the operational budget for the iHub has been $512,500 from public money, which translated into 7,650 a job. If one added two zeros to that amount, it would be the Federal stimulus number; therefore, they are about 1 % of what traditional programs are for job creation. He said every one of these companies was like a portfolio stock, because every time a company hires, CVEP's numbers went down in dollars for jobs created. He said they attracted $710,000 from the private sector, $1.78 million for a construction project, $1 million of it from the City of Palm Springs, and the other $785,000 is a Federal ADA grant. He said the East Valley Innovation Hub planning project has attracted $400,000 with half of it coming from local cities and the other half from the Federal Govemment. Some of its companies have received the Silver Award at the Worlds Best Technology Conference last year for a water saving company; Prototype Development Award for the Los Alamos National Labs for one of its wind companies; and the Spirit of Entrepreneurship Award winner and runner up for Riverside County last year. He said its companies have attracted $5.6 million in private investment. He noted one company turned down a $28 million valuation, because they thought they are worth more and CVEP agreed. Additionally, 20 patents have been applied for, of which seven have been approved. From an iHub perspective, they have a partnership with the National Renewable Energy Laboratories, and they have been accepted as 1 of 12 in the Country, along with MIT and Berkeley, into the Wells Fargo Innovation Incubator Partnership. He said they have been nominated to be advisors on the Innovation and Entrepreneurship Committee for the Secretary of Commerce for the United States. He said Dr. John Husing's Study estimates that in 20 years the economic impact of two iHubs and two Accelerator 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 Campuses will be $12.5 billion. He concluded his presentation and offered to answer any questions. Mayor Tanner congratulated CVEP on the good work done at the West and East end, encouraging them to bring the two together. Coucilmember Hamik seconded the motion, and it carried by a 4-0 vote (AYES: Benson, Harnik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). O. REPORT ON THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG), CITY OF PALM DESERT, AND THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, AND AUTHORIZE THE CITY MANAGER TO EXECUTE DOCUMENTS RELATED TO THE PORTOLA AVENUE/INTERSTATE 10 INTERCHANGE PROJECT BOND PROCEEDS FUNDING AGREEMENT (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Management Analyst Veronica Tapia stated the Council approved the Bond Proceeds Funding Agreement for the construction of the Interstate 10/Portola Avenue Interchange Project at a previous City Council meeting. She said the agreement allowed the City to escrow funds with CVAG, which were deposited in a City approved financial institution. The MOU before the Council merely clarifies the agreement to include Califomia Asset Management Program (CAMP) as an approved funding or financial institution for that purpose. Councilmember/Director Hamik moved to, by Minute Motion, receive and file the MOU related to the Bond Proceeds Funding Agreement for the Portola Avenue/I-10 Interchange Project (Contract No. C33520) by and among CVAG, Successor Agency, and the City, and authorize City Manager to execute related documents. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Benson, Harnik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). P. REQUEST FOR APPROVAL OF THE PROPOSAL "AZTEC SCOUT" BY RYAN CAMPBELL AS THE DESIGN TO BE PAINTED ON THE SET OF TWO TRAFFIC SIGNAL CABINETS ON THE NORTHEAST CORNER OF PHYLLIS JACKSON LANE AND FRED WARING DRIVE (CONTRACT NO. C32670C). Management Analyst Deborah L. Schwartz stated Ryan Campbell was commissioned to work with students at Palm Desert High School to come up with designs for the two traffic signal cabinets. She said there were three 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 designs that have been reviewed by the Art In Public Places Commission (AIPP), and they ranked "Aztec Scout" as the number one proposal. Mayor Pro Tem Weber stated she was fortunate to sit on this commission, and she had the privilege of hearing all the discussion, including Ryan Campbell's explanation as to why he did what he did. Mayor Pro Tem Weber moved to, by Minute Motion, concur with the recommendation of the Art In Public Places Commission and approve the proposal "Aztec Scout" by Ryan Campbell as the design to be painted on the set of two traffic signal cabinets on the northeast comer of Phyllis Jackson Lane and Fred Waring Drive. Motion was seconded by Hamik and carried by a 4-0 vote (AYES: Benson, Harnik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). Q. INFORMATIONAL REPORT ON NUISANCE WATER EDUCATION AND ENFORCEMENT PROGRAM. Code Compliance Officer Pedro Rodriguez stated the Informational Report was on the Nuisance Water Education and Enforcement Program. He said everyone was aware that Califomia was under an emergency drought order from the Govemor, and the City Manager asked staff to look at a plan it can implement, which included an education and enforcement program. The purpose of the program is to target waste water caused by irrigation runoff that's spilling out into the street by misdirected sprinklers, broken valves, or systems that are running too long; however, the main component is education. The brochures have a lot of information, and on the back side of the notices there are tips on how to conserve water and a link to the Coachella Water District's (CVWD) web page. This program is in partnership with the Water District, stating they have the field staff to go out into the community to investigate complaints. He explained a citizen can report water waste on CVWD's website, and their staff will go out and educate and place notices on a homeowner door, but they don't have an enforcement mechanism or authority, which is where Palm Desert city staff came in. The program is designed so that all City staff in the field from Building & Safety, Code Enforcement, Public Works, the Corporation Yard, and Fire Marshal's can also provide notification when they observe water waste during the course of their inspections. He has met with City staff, and he has explained the program. What will happen is that when a staff member sees waste water occurring, they will take the door hanger, fill it out, hang it on the door, mark the location with a flag, and return the small cutoff on the bottom of the flyer to their clerical staff, which will then transfer the information onto CVWD's website. He said CVWD will do the initial foliowup, but if a homeowner fails to come into compliance, CVWD will refer the matter back to the City, which will then send a Code Enforcement Officer to start enforcement action if necessary. He said page four of the staff report 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 outlined the educational responsibilities of each staff member. He reiterated that CVWD will be the followup agency responsible as they have the resources; their website and phone number will be on the door hangers and flags. To date, the City has issued 15 notices at different locations. He pointed out that if something is observed as excessive, staff will bypass the process, and immediately send a Code Enforcement Officer to address the issue. For example, if a valve is stuck and is continuously running, it would make no sense to report it through the process, so City Staff will go out immediately and take action to get the problem corrected. He noted he has received positive feedback from CVWD and their partnership, which he agreed has been working well. Responding to question about how a community member can report a broken/stuck value, he said CVWD telephone number is in the phone book or they can call the City for it. Councilmember Hamik suggested putting CVWD website link on the City's website. Mr. Rodriguez agreed, stating staff was already working on making it available on the City's website. Mayor Tanner asked how many other cities were instigating programs such as this one. Mr. Rodriguez replied the City of La Quinta was already on board, and he believed the City of Rancho Mirage was in the process, because he received a call from them inquiring about Palm Desert's program. Mayor Pro Tem Weber commented the City should take care of its own water waste first, because she's already received calls from a couple of people calling it to her attention. Councilmember Harnik shared she and Mayor Pro Tem Weber attended a Desert Valley Builders Association luncheon where this was the issue, so she was glad to hear Palm Desert was part of the solution. Mr. Rodriguez explained that if his division receives a call and staff felt it was necessary to intervene it will. He said there is a mechanism in place for staff to know what appropriate actions to take. Mr. Wohlmuth stated Mr. Rodriguez was challenged with this project about two months ago, and he came up with an excellent program utilizing current field staff without having to add more employees. He thanked Mr. Rodriguez for doing a great job of developing this program and educating City staff on how the program worked, stating everyone was participating. He said field staff has received 500 flags and hangers in their trucks. He noted to the 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 Council that Mr. Rodriguez brought a comprehensive program back to the City Manger in Tess than a month and it was implemented immediately. Further responding to how the flags will be used, he said the flags will identify the area where the broken sprinkler, valve, etc., is located, so that when the homeowner returns home, there is something they can refer back to. Mr. Wohlmuth explained that unless there is something to flag a broken or misdirected sprinkler, which might only be on for five or seven minutes, a homeowner might not know about it if they are at work or at home. Therefore, when a homeowner see's a notice on his door, he will know the problem needs to be looked at and/or have their gardener fix the problem, for those that have a gardener. Councilmember Hamik inquired about the start date of the Turf Buy Back Program. Mr. Greenwood replied that program was a separate item on this agenda for approval of the agreement; therefore, the program hadn't started. Mayor Pro Tem Weber moved to, by Minute Motion, receive and file the Informational Report on Nuisance Water Education and Enforcement Program. Motion was seconded by Hamik and carried by a 4-0 vote (AYES: Benson, Hamik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). XV. CONTINUED BUSINESS A. REQUE$T FOR AWARD OF CQNTRACT TO 5M CONTRACTING, INC., IN THE AMOUNT OF $176,500 FOR THE DECONSTRUCTION OF IMPROVEMENTS FOR THE APARTMENT COMPLEX AT 45330 OCOTILLO DRIVE AND FOUR SINGLE-FAMILY HOMES AT 43845, 43878, 43895, AND 43915 PORTOLA AVENUE (CONTRACT NO. C33530, PROJECT NO. 633-07) (Continued from the meeting of June 26, 2014). Mr. Greenwood stated this was a contract for deconstruction of four single-family homes on Portola Avenue and an Apartment Complex on Ocotillo Drive. He noted there were some minor bid irregularities in the low bid. Staff consulted with the City Attorney and advised the Council it can award the contract, which staff supported. He said staff intends to proceed with the deconstruction of the homes on Portola right-of-way, hoping to get it done this summer while school is out and traffic is at its lowest. Staff will wait on the apartment complex deconstruction project while it awaits word from the Department of Finance (DOF) on whether the City would get reimbursed for the work. Responding to question about when staff planned to start work on the curb street improvement on the comer of Portola 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 Avenue, he said that portion of the project will happen in the summer of 2015. Councilmember Harnik moved to, by Minute Motion: 1) Waive bid irregularities; 2) reject Bid Protest by Angeles Contractor, Inc.; 3) award subject contract for the Deconstruction of Improvements for the Apartment Complex at 45330 Ocotillo Drive and four single-family homes at 43845, 43878, 43895, and 43915 Portola Avenue to 5M Contracting, Inc., Tustin, Califomia, in the amount of $176,500; 4) authorize the Director of Finance to set aside a 10% contingency for the contract in the amount of $17,650; 5) appropriate $11,100 to the project account from Unobligated Fund 400; 6) authorize the Mayor to execute said Agreement — funding is available for the project in Capital Project Reserve, Account Nos. 400-4438-433-4001 and 400-4572-433-4001. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Benson, Hamik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF THE APPLICATION AND COST -SHARE AGREEMENT FOR A COOPERATIVE LANDSCAPE WATER MANAGEMENT PROGRAM BETWEEN THE CITY OF PALM DESERT AND THE COACHELLA VALLEY WATER DISTRICT (CVWD) (CONTRACT NO. C33690). Mr. Greenwood stated this is the item Councilmember Hamik inquired about earlier on the Turf Buy Back Program. The City had a program several years ago that was wildly successful that by the end of the week the City was swamped with applicants. Although, it's been years since it had the program, staff continues to get phone calls about it. The City has been able to work the program into the budget and to work cooperatively with CVWD to offer it again. He said the City will offer $1.00 per square foot for turf that's removed near the curb and front yard, and CVWD offers another dollar per square foot as well. The City is recommending $100,000 where $50,000 will go to individual homeowners/$1,000 per home, and $50,000 will go to HOA's or larger commercial landscapes to remove larger amounts of turf. Responding to question, he confirmed it was up to $5,000 for commercial landscapes. He pointed out that item No. 3 in the recommendation should state: "Authorize the Mayor to execute the 'agreement', rather than the amendment." Further responding, he said he expected the program to start in August. Mayor Pro Tem Weber moved to, by Minute Motion: 1) Approve Application for the Cooperative Landscape Water Management Program; 2) approve the Cost -share Agreement for the Cooperative Landscape Water Management Program (CoLWMP) between City of Palm Desert and Coachella Valley Water District (CVWD); 3) authorize the Mayor to execute said Agreement. Motion was seconded by Benson. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 Councilmember Hamik pointed out the City's contribution toward commercial landscapes is $5,000 and CVWD contribution is $5,000, which is where the $10,000 amount came from. Mayor Tanner called for the vote, and the motion carried on a 4-0 vote (AYES: Benson, Hamik, Weber, and Tanner, NOES: None; ABSENT: Spiegel). B. REQUEST FQR APPROVAL OF AGREEMENT WITH THE UNIVERSITY OF CALIFORNIA, RIVERSIDE (UCR), FOR THE ELECTRIC VEHICLE CHARGING STATION COMMUNITY PROJECT AND CHANGE ORDER NO. 1 RELATIVE TO SAME. Ms. Riddle stated at the June 12 Council Meeting staff indicated it would return to add University of Califomia, Riverside (UCR) as a site to the contract for installation of electric charging vehicles, which is the Agreement before the Council. The Agreement includes the additional cost to go from a single use electric vehicle charging station to a dual use. The total increase in cost including the 10% contingency is $53,056. Councilmember Hamik moved to, by Minute Motion: 1) Authorize the Mayor to enter into public/private agreement with The Regents of the University of Califomia/University of California, Riverside (UCR), for the Electric Vehicle Charging Station Community Project (Contract No. C33700E); 2) approve Change Order No. 1 in the amount of $48,233 to Contract No. C33700D with Native Electrical Construction, Inc., Ramona, Califomia, for Construction and Installation of the Community Electric Vehicle Charging Station Community Project in order to utilize Dual Tellus Electric Vehicle Charging Stations for the project; 3) approve a 10% contingency for same in the amount of $4,823 — funds are available through the MSRC Grant and the City's AB2766 Funds. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Benson, Harnik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). C. REQUEST FQR APPROVAL OF AN AMENDMENT TO CONTRACT NO. C32980 RELATED TO THE CITY'S HOLIDAY DECOR PROGRAM AND CONSIDERATION OF PROGRAM ENHANCEMENTS IN THE AMOUNT OF $27,621. Mr. Aryan stated staff is recommending various enhancement to the current Holiday Lighting and Decor Program as follows: First, Council requested the duration of the holiday lights to remain on the trees and palms through the contract term of April 1; Secondly, last year there were problems with some lights going dark and a staff member would have to reset them on his way home. Staff is hoping to prevent that by adding cord covers and assisting the vendor, who does the weekly maintenance, by trenching the cords so they are out of the way when mowing and such; Third is to light up three additional hardwood trees, which were immature last year to do so. He said 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 these trees are in a prominent location in the first median west of San Luis Rey. Lastly, provide zip ties to one tree that landscape staff has indicated the bark is too thin to take staples adequately. The other option is to not light it, but it's in a prominent location between Ocotillo and Sage. Councilmember Hamik suggested using decorative snowfalls instead of the zip ties as an altemative. Mr. Aryan replied snowfalls didn't require staples; however, he felt it would be best to keep a uniform look down El Paseo; otherwise the tree with only snowfall lights on it would stand out. Additionally, the vendor is recommending the City look at its decor program on Highway 111. It consists of 48 pole -mounted wreaths on all the intersections along Highway 111. The lighting for that will remain the same, but the decor attached to the lighting, many have fallen off, missing, or are broken. The vendor would like to enhance or replace them to tie them into what is on El Paseo. Mayor Pro Tem Weber stated she liked the idea of having the lights stay on longer, because it created some excitement on El Paseo. She recalled hearing that the lights would be taken down in coordination with another event. Mr. Aryan explained the contract requires the vendor to wrap the lights in October, but they are not turned on until later. He said staff tries to coordinate the tree trimming with landscape staff to have done around the same time. Councilmember Hamik said she received so much positive feedback from people who drove down El Paseo just because of how pretty it was, and the retailers and restauranteurs on El Paseo loved it. She recalled reading somewhere that the lights are turned on mid November to April 1. Mr. Aryan replied the lights are on the trees in October, but they are turned on in November when the decorations go up. He didn't see a problem with turning them on sooner, but the decor wouldn't go on until mid November. Mayor Tanner stated one of the questions last year was whether the lights could stay on through Fashion Week. Mr. Wohlmuth said Fashion Week is in March, and the lighting decor contract has an extension to April; therefore, the lights will be on through Fashion Week and an additional two weeks. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 Mr. Aryan noted the contract amendment is through April 15, so there is some wiggle room for the vendor to take down the decorations as well. Councilmember Hamik moved to, by Minute Motion: 1) Approve various enhancements to the City's Holiday Lighting Program in the amount of $12,021 and appropriate same from the Unobligated General Fund and transfer to Account No. 110-4310-433-3910 for this purpose; 2) approve Amendment No. 1 to the subject contract with Premier Holiday Design, Palm Desert, Califomia (formerly known as Holiday Lighting Design & Decor), increasing annual costs by $8,245 through 2018 and extending current term by three months through April 15, 2018, amongst other revisions; 3) authorize the City Manager to execute any contractual documents related to these enhancements to the City's Holiday Lighting and Decoration Program; 4) approve renovation of the City's, pole -mounted wreaths. as presented, and appropriate $15,600 from the Unobligated General Fund and transfer to Account No. 110-4310-433-3910 for this purpose. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Benson, Hamik, Weber, and Tanner; NOES: None; ABSENT: Spiegel). XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of June 16-27, 2014. Mr. Wohlmuth noted the report contained in the agenda packets and offered to answer questions. With City Council concurrence (Spiegel ABSENT), the Meeting Summaries were received and filed. B. CITY ATTORNEY None C. CITY CLERK None 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: None 2. City Council Considerapn of Travel Requests and Reports: None 3. City Council Committee Reports: None 4. City Council Commentq: a) City's IndependencQv Celebration— Mayor Pro Tem Weber said this year's event was a great success and extended huge thanks to the COPS (Citizens On Patrol), Special Programs Administrative Secretary Amy Lawrence, and all other City staff that worked the event. She observed that everyone was having a wonderful time, the band was fantastic, and commented that evening that the City would be unable to do all of these things without its volunteers. She again expressed gratitude to them for participating in a great July 4"' celebration. She added that the City shared some of the expenses with the City of Rancho Mirage, and learned from speaking with a resident of that city that they all enjoyed it immensely too. Councilmember Hamik concurred wholeheartedly that the Palm Desert team did an amazing job, and the fireworks were incredible too. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2014 b) Palm Desert Youth Commit/eft — Further, she'd just received Fourth District County Supervisor John Benoit's Bulletin, wherein he brags about the City's Youth Committee, their good work on the car wash fund-raiser in May and what they did for the community. c) "Nine pities Challenge" Blood Drive - Saturday. July 19 — Councilmember Hamik announced the upcoming Blood Drive, a challenge between Coachella Valley cities, with Palm Desert's day being next Saturday, July 19, from 10:00 a.m. - 5:00 p.m. at the Palm Desert High School Gymnasium. She pointed out that reserves at the blood bank are very low during the summer and need to be built back up. She encouraged everyone to participate -- give a little, save a life. d) city of Palm Desert Particip tion in Ygrene — Mayor Tanner congratulated City of Palm Desert for its participation in the Ygrene Energy Efficiency Program. He said it's designed in order for residents to become more energy efficient with solar, windows and doors, air conditioners, and all things that help our ecology. He said 23% of all the transactions they've closed in the last four months have been in Palm Desert, noting that it is a regional Coachella Valley -wide program. He said for those who aren't familiar, they can contact CVAG (Coachella Valley Association of Govemments) to get information. 5. Suggested Items for Future City Council Meeting Aaendas: None XIX. ADJOURNMENT On a motion by Weber, second by Harnik, and unanimous consent of the City Council (Spiegel ABSENT), Mayor Tanner adjoumed the meeti g at 5:33 p.m. ATTEST: HELLE D. KLASSEM CITY CLERK CITY OF PALM DESERT, CALIFORNIA VA G. TANNER, MAYOR 26