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HomeMy WebLinkAbout2015-10-22MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 22, 2015 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 1. CALL TO ORDER - 3:00 P.M. Mayor Weber convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jan C. Hamik Councilman Sabby Jonathan Mayor Pro Tem Robert A. Spiegel Councilman Van G. Tanner Mayor Susan Marie Weber 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 Paul S. Gibson, Director of Finance/City Treasurer Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Scott Visyak, Captain, Palm Desert Fire/Riverside Co. Fire Department/Cal Fire Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) Done MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: 1) Property: APN 627-232-005 (SWC Ocotillo/Tumbleweed) 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: City of Palm Desert Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Govemment Code Section 54956.9(d)(2): Number of potential cases: 2 Mr. Hargreaves asked for City Council's consideration of adding an item by four - fifths vote to today's Closed Session for a matter that had arisen yesterday during a Settlement Conference, as follows: C. Conference with Legal Counsel regarding existing litigation pursuant to Government 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 On a motion by Spiegel, second by Harnik, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the aforementioned item of existing litigation was added to the agenda for Closed Session consideration. With City Council concurrence, Mayor Weber adjoumed the meeting to Closed Session at 3:02 p.m. She reconvened the meeting at 4:06 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 OCTOBER 22, 2015 VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Chair Cory Hutchinson VII. INVOCATION - Mayor Pro Tem Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MS. LAURIE BALDWIN and MR. MIKE HARDIN, on behalf of the Palm Desert Area Chamber of Commerce and the 51 st Annual Palm Desert Golf Cart Parade, reminded all of the upcoming event on Sunday, October 25, entitled "Area 51: Palm Desert is Out of This World," with activities beginning at 10:00 a.m. and Parade at 1:00 p.m. being led by the U. S. Marine Corps Band and including a flyover by the Palm Springs Air Museum. They presented theme t-shirts to each Councilmember, looking forward to their presence and proudly wearing the shirts as they help judge Parade entries. They then expressed thanks to the City for its title sponsorship of the event, which is the longest -running parade in the Coachella Valley. Mayor Weber added that the Palm Desert Rotary Pancake Breakfast is also on Sunday beginning at 8:00 a.m. with the best pancakes anywhere! MS. MEGAN SULLIVAN and MR. ROB BALLEW from YMCA of the Desert, provided an update from the Y-Be-Fit Palm Desert Challenge event that was held in the City on Sunday, October 4, with proceeds benefitting YMCA of the Desert. They expressed heartfelt thanks to the City of Palm Desert and Council for supporting the event, including a number of staff hours, that all benefited the YMCA. In the update, it was reported: - Net Proceeds of $29,720; - Total Participants of 1,014 (substantially increased from the 743 in 2014); - 296 kids from Monroe Elementary School participated and establishment of a perpetual award and traveling trophy for all of the schools to compete annually for greatest number of entrants; - 88 Volunteers helped run the event, including the Palm Desert Youth Committee; - Sponsored Marines from the 29 Palms Base by covering their transportation, entry fees, and lunch for the military personnel and their families. It was a very successful event, and Councilmembers were thanked for coming out and either participating or cheering on those who were. They then showed a video presentation of the day's highlights, read representative comments from participants who were thrilled about the event —its organization and venue —and concluded by presenting each Councilmember with an event participation medallion. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 MR. BALLEW went on to provide an update on current YMCA Activities, including: - Y-Rookies Program every Friday for 150+ three (3) - six (6 ) year -olds leaming to play soccer. - Flag Football Program has over 135 participants. - Former Councilmember Jean Benson reads stories to preschoolers twice a month at the Jean M. Benson Childcare Center. - "Hoedown at Sundown" coming up on Saturday, November 7, and Council's support is always appreciated. MR. TERRY COLLIER, Ajo Lane, Palm Desert, addressed City Councilmembers today to reiterate a request he'd made at a prior meeting. He asked Council to consider requiring homeowners associations in Palm Desert to procure a City Business License. He related an issue in his own neighborhood that will require a potentially expensive decision — possibly an assessment — for repair of a water feature/lake in the development. He said due to numerous leaks, the lake had to be drained and has been empty for over three months. There should have been sufficient funds available in the homeowners association reserves for repairs in order to preserve this desirable feature (keeping in mind the drought situation), but it appears that is not the case. He felt more regulatory oversight of these types of organizations would make them more accountable, and again asked Council to consider licensing all homeowners associations in the City. MR. KENNETH DORAN, Palm Desert, wished to address two topics. First, he praised the response by the Fire Department immediately following the July 30 storm in the Palm Desert Country Club Area; it was amazingly rapid, and thankfully, no one was hurt or killed in that very severe weather event. Secondly, he noted that he'd filed a lawsuit against the City on issues of corruption, and as expected, he received a response. However, he was very surprised and troubled by the subsequent intimidating letter received last week, especially since he was known by the Council and would not be easily intimidated. He asked Council to direct the City Attorney's Office and its staff not to send letters of that type anymore, because he wanted to keep the matter civil. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS PRESENTATION OF PROCLAMATION DECLARING SATURDAY, OCTOBER 17, 2015, AS "MARIAN MARSH HENDERSON" DAY IN THE CITY OF PALM DESERT. Mayor Weber noted that her office received a request from Mr. James Cashman for a posthumous proclamation in honor of Mrs. Henderson, which she read aloud today, adding that it was mailed out to him last week. She went on to say it was very significant to recognize the contributions made by Mrs. Henderson and her family as the City's founders, particularly in Tight of Historical Society of Palm Desert representatives in attendance today associated with the Mini -Muster Awards (next 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 on the agenda). She asked everyone to join her in celebrating the very full life and accomplishments of Marian Marsh Henderson. A. PRESENTATION OF 2015 PALM DESERT "MINI -MUSTER" ARTWORK AWARDS. Mayor Weber and Historical Society Mini -Muster Committee Chair Mike Lewis presented the Artwork Award Certificates to the following 3rd Grade students: - Dylan Priest, James Carter Elementary. - Lauren Cornwell, Gerald Ford Elementary. - Nicole Olivas, Abraham Lincoln Elementary. - Isabel Navarro, Ronald Reagan Elementary. - Daisy Armstrong, George Washington Charter Elementary. Mr. Lewis also recognized all the Historical Society and Mini -Muster Volunteers for all their hard work and contributions to the this year's 23rd annual event, with special recognition to founders Jan Holmlund and her husband Jerry, along with Mini -Muster Artwork Coordinators Adele Ruxton and Bonnie Paul; and he recognized Committee Member Louise Neeley, not present today because she was out celebrating her 90th birthday, heartily congratulating her on this milestone. He went on to thank the Palm Desert Rotary Clubs for their participation at each school's Mini -Muster, providing ready back-up to keep the activities going in case firefighters were called away. Mr. Lewis and Mayor Weber then presented a recognition plaque to Palm Desert/Riverside County Fire Department Station No. 33 representatives, especially recognizing Engineer Kevin Merkh for his many years' coordination of the Mini -Muster on behalf of the Fire Department. This was followed by recognition for Superintendent Dr. Gary Rutherford, Desert Sands Unified School District, accepted by School Board President Wendy Jonathan. Lastly, the five local Elementary School Principals and Third Grade Teachers were honored, along with everyone involved to make this year's event another great success. Mr. Lewis then presented a recognition plaque to Mayor Weber on behalf of the City for its continued support of this valuable program. Mayor Weber graciously accepted the plaque, congratulated the Artwork Award Winners and their parents, thanked all who contributed to this year's event, and extolled the virtues of Mini -Muster in educating children to be safe. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 B. PRESENTATION OF AN UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY CHAIR CORY HUTCHINSON. Chair Hutchinson reported that the Youth Committee recently participated in the Y-Be-Fit Palm Desert event on October 4, as well as in the Relay For Life on October 3. He said both were very enjoyable and rewarding. For the future, the Committee's working on ways to enhance Palm Desert's increasing awareness of sustainability principles and participating in many related events. One of these was an After School Program Party last week at Lincoln Elementary that was great where they planted seeds and provided environmental education to increase the younger kids' awareness of the environment's importance. The Committee is also hoping to organize a Book & Clothes Swap, taking gently used books and clothes to exchange — similar to a thrift store — and making it a fund-raiser by admission or raffle, with proceeds donated to a charity. Other events where the Committee will be participating are the Golf Cart Parade on Sunday and going back to Lincoln Elementary with an Anti -Bullying Program for the Annual Holiday Party. Further, they are also working on developing an event for local musical artists to showcase all the great talent in the area. C. REQUEST FOR APPOINTMENT OF CLARE KIM TO THE EXISTING VACANCY ON THE PALM DESERT YOUTH COMMITTEE (TERM DECEMBER 31, 2015). Mayor Pro Tem Spiegel moved to, by Minute Motion, appointed Clare Kim to the vacant seat on the Palm Desert Youth Committee. Motion was seconded by Hamik and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 8, 2015. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 9/25/2015, 10/2/2015, and 10/7/2015. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#7621 by Farmers Insurance/Felipe Terrazas in the Amount of $12,400.56. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 D. CITY COMMITTEE/COMMISSION MEETING MINUTES. 1. Hotel & Signature Events Committee Meeting of July 6, 2015. 2. Youth Committee Meeting of September 1, 2015. Rec: Receive and file. E. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C34630 — Replacement of Two (2) Air Conditioners at the Desert Willow Golf Resort Clubhouse (Desert Air Conditioning, Inc., Palm Springs, 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. F. REQUEST FOR AUTHORIZATION to Release Security for Tract No. 34391 (KB Home - Southem Califomia, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the security on file for Tract No. 34391. G. REQUEST FOR AUTHORIZATION to Implement and Fund the 2015 "Shop With a Cop" Program in the Amount of $2,415. Rec: By Minute Motion, approve participation in the 2015 "Shop With a Cop" Program, in an amount not to exceed $2,415, with costs allocated per the Cove Commission Funding Formula — funds are available in the Police Contingency Fund. H. REQUEST FOR APPROVAL of the Biennial Sponsorship of the Palm Desert Explorer Program in the Amount of $13,800. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Councilman Jonathan requested Item H be removed for separate action under Section XI, Consent Items Held Over. Upon a motion by Spiegel, second by Tanner, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the remainder of the Consent Calendar was approved as presented. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 XI. CONSENT ITEMS HELD OVER H. REQUEST FOR APPROVAL of the Biennial Sponsorship of the Palm Desert Explorer Program in the Amount of $13,800. Councilman Jonathan requested clarification and confirmation from staff that funding was contingent upon participation by neighboring cities. Mr. Aryan agreed, stating the proposal required all three cities to participate in a biennial funding of the Explorer's Program. If one or more cities were not to participate, staff will return at a later City Council meeting with a modified proposal. Councilman Jonathan moved to, by Minute Motion, approve implementation of a biennial sponsorship for the Palm Desert Police Explorer Program in the amount of $13,800 — funds are available under the Police Contingency Fund. Motion was seconded by Spiegel and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1292 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 25.10.050, 25.72.030, 25.60.070, AND 25.99.020 OF THE PALM DESERT MUNICIPAL CODE - ZONING. Mayor Pro Tem Spiegel noted this item was already approved, and this was the second reading of the Ordinance. Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1292. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 2. ORDINANCE NO. 1293 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 25.60.150 TO THE PALM DESERT MUNICIPAL CODE - CERTIFICATE OF USE AND OCCUPANCY. Mayor Pro Tem Spiegel noted this item was already approved, and this was the second reading of the Ordinance. Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1293. Motion was seconded by Hamik. Councilman Tanner asked who was the Zoning Administrator. Principal Planner Tony Bagato responded that as the Principal Planner for the Department, he was currently the Zoning Administrator. He explained that he was allowed to review and approve items under the Zoning Ordinance such as specific permits that are rather administrative; however, they can all be appealed to the City Council. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 3. ORDINANCE NO. 1294 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CLARIFYING REFERENCES TO THE PALM DESERT MUNICIPAL CODE FOR CURRENTLY ASSESSED FEES. Mayor Pro Tem Spiegel noted this was the second reading of the Ordinance. Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1294. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 4. ORDINANCE NO. 1295 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 8.32.030 AND 10.98.010 OF THE PALM DESERT MUNICIPAL CODE, DEALING WITH PARKING PROHIBITIONS, RESTRICTIONS, AND EXEMPTIONS. Mayor Pro Tem Spiegel noted this was the second reading. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1295. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 5. ORDINANCE NO. 1296 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 10.48.120, 10.48.150, 10.50.010, 10.50.030, 10.72.010, 25.46.040, AND DELETING SECTIONS 10.12.030, 10.12.040, 10.40.010, 10.40.030, 10.48.120(B), 10.60.010, AND 10.68.010 OF THE PALM DESERT MUNICIPAL CODE, DEALING WITH TRAFFIC ISSUES. Mayor Pro Tem Spiegel noted this item was already approved, and this was the second reading of the Ordinance. Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1296. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 6. ORDINANCE NO. 1297 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT AMENDMENT AND CHANGE OF ZONE APPLICATION FOR THE EXPANSION OF A SENIOR LIVING FACILITY LOCATED ON THE SOUTHWEST CORNER OF CATALINA WAY AND SAN PASCUAL AVENUE, Case Nos. DA/C-Z 15-086 (Prospect Companies, Applicant). Mayor Pro Tem Spiegel noted this item was already approved, and this was the second reading of the Ordinance. Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1297. Motion was seconded by Tanner and carried by a 4-1 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE PURCHASE OF A NEW AMBULANCE FROM FRAZER, LTD., IN AN AMOUNT NOT TO EXCEED $170,000 TO REPLACE MEDIC UNIT NO. 33. Mr. Aryan noted this item was part of the Fire Department's Fiscal Year 2015/2016 Budget, which is a request to purchase one brand-new medic unit. He said that typically a chassis is replaced every five years, but this request was for a new medic unit to replace Medic Unit No. 33 at the Palm Desert Town Center Station. In tum, that unit will serve as the next Reserve 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 Medic Unit for Station 67, and then the existing reserve unit will become surplus. He said reserve units were used quite frequently, especially during the high season. He said staff wants to do something different with the surplus unit, in that they are usually auctioned and get about $2- to $3,000 for the vehicle. Instead, staff is recommending donating it back to the County to be used as a training vehicle for future medics. Also, the Public Safety Commission approved this item at their last meeting. He noted this item was part of the City's Strategic Plan Objective under the Public Safety and Emergency Services Priority No. 1 - Enhancing the Delivery of Public Safety Services. He said he and Officer Scott Visyak were available to answer questions. Councilman Tanner moved to, by Minute Motion: 1) Approve purchase of a new ambulance from Frazer, Ltd., Houston, Texas, in an amount not to exceed $170,000 and authorize designation of Frazer as a sole -source vendor; 2) authorize out-of-state travel to Houston, Texas, for one Fire Department representative to inspect and deliver the new medic unit; 3) authorize staff to designate existing Medic Unit No. 267 (1997 E-One Ambulance) as surplus and donate to Riverside County for training purposes; 4) appropriate $170,000 from the Unobligated Equipment Replacement Fund to Account No. 5304195-4403000 for purchase of the new Palm Desert Medic Unit. Motion was seconded by Jonathan. Councilman Jonathan commented he liked that the City was updating its fleet in a smart and cost-effective manner. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). B. REQUEST FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF PALM DESERT AND CITY OF INDIAN WELLS TO CONTRACT FOR FULL-TIME EMERGENCY SERVICES COORDINATOR (CONTRACT NO. C34760). Mr. Aryan said this item was part of the Fire Department's Fiscal Year 2015/2016 Budget, which is contracting with the Riverside County Emergency Management Department for a full-time Emergency Services Coordinator to be shared equally with the City of Indian Wells. The cost of the position will also be shared, stating staff will coordinate with them the different activities throughout the community. He noted the MOU has a maximum cost of $173,000, quoting a salary range at the top step, but it will more likely be in the medium range. He said Palm Desert will pay 50% of that cost; however, the City applied for an Emergency Management Grant of $15,000, further lowering Palm Desert's contribution. He said appropriation of funds was not required, because is $50,000 is budgeted for this position. There is also further cost savings through a sharing Fire Safety 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 Specialist position, which will help fund this as well. Lastly, the Public Safety Commission reviewed and approved this item, which falls under the City's Strategic Plan Priority No. 3 - Help the Community Become More Prepared for Disastrous and Public Safety Emergencies. Mayor Pro Tem Spiegel stated that the question was asked as to why Rancho Mirage was not part of this agreement, and the answer is they have their own Emergency Services Coordinator. Mayor Pro Tem Spiegel moved to, by Minute Motion, approve the MOU between Cities of Palm Desert and Indian Wells to contract for a Full -Time Emergency Services Coordinator. Motion was seconded by Hamik. Councilmember Hamik commented she appreciated that this was aligned with the Strategic Plan Objectives. Responding to questions, Mr. Aryan said this was a new contracted position where services were previously handled through various staff. Councilman Jonathan stated a decision was made to create a new position that's budgeted for $50,000, but the anticipated cost would bring the City's half to $87,000. Mr. Aryan reiterated that the salary would more likely be at a lower -median step. Also, there is an additional cost savings because Palm Desert is sharing a Fire Safety Inspector Specialist with the City of Indian Wells that's budgeted for the full cost of that position. In talking to the Fire Marshal, Palm Desert will probably only end up using 50% of that cost. Councilman Jonathan asked if the funds would be taken out of the General Fund if the cost went over $50,000. Mr. Wohlmuth shared that staff didn't anticipate going over $50,000, because there were two things that would reduce the cost of $87,000 for the position. One was the Emergency Services Grant, and secondly, Palm Desert has two or three fire specialists in the Fire Marshal Office, and Indian Wells ran into a problem this year where it had to share one of those positions. Therefore, Indian Wells will be paying for half of a fire specialist salary, so all the funds in the Fire Budget wouldn't be spent. He reiterated the $87,000 cost for the position should be covered with the appropriation of $50,000, along with the grant, and Indian Wells' contribution. Councilman Jonathan said he was sensitive to the increase in cost of public safety and fire, because for the first time it represents half the City's budget. He agreed to approve this item, but asked for a six-month progress report, 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 stating it was new money and a new position. He would like to feel comfortable that the expenditure is warranted given the financial pressures on the budget, including that it's a worthwhile, cost-effective, necessary and appropriate thing to do. Mr. Aryan added interviews will be conducted for this position the first week of November, and staff will return to Council with a contract with the County, which will more clearly identify costs. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). Mayor Weber commented the Public Safety Commission reviews and discussed these matters, stating Commissioners asked a lot of questions and paid attention to the details, and the City was fortunate to have such a Commission. C. REQUEST FOR APPROVAL OF ROAD CLOSURES FOR THE 2015 BIGHORN BEHIND A MIRACLE EVENT ON SATURDAY, NOVEMBER 21. Mayor Pro Tem Spiegel asked if this event was going to be the same as last year. Administrative Secretary Amy Lawrence answered yes, with the exception that this event includes a changed Traffic Control Plan with increased road closures as noted in the staff report. She said the merchants were notified on Monday, and as of today (Thursday), David Fletcher informed her there have been no concerns raised. Mayor Pro Tem Spiegel moved to, by Minute Motion, approve two-phase road closure plan on El Paseo from Highway 74 to median in front of Wolfgang Puck Restaurant on Saturday, November 21, 2015, for the Bighorn Behind A Miracle Event. MR. DAVID FLETCHER, Chartwell Properties, 73061 El Paseo, Palm Desert, stated that within the last seven years BAM (Behind A Miracle) has grown from initially 400 attendees to over 1,300, and this year they are expecting a greater response. He said this event has become the kick-off to the season welcoming seasonal guests back to the Desert. Due to the growth of the event, they want to expand it further this year by taking over the intersection of Ocotillo and El Paseo. He said other activities are planned for this year they haven't had in the past. Therefore, the intent is to block off the parking lane and the first lane the night before the event, so that the people can set up. Rather than closing the inner lanes at 3:00 in the afternoon, they plan to close them at noon and incorporate the intersection as well. He has spoken to a number of the merchants at the Galleria that are 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 most directly affected, and they are excited for the event and have no problem with the early closing. He wasn't expecting any issues, and if there are, it will be addressed individually to ensure they remain happy. He said he looked forward to seeing the Council at the event. Councilmember Hamik asked about the additional activities, aside from the Ferris Wheel and camival, that is mentioned in the staff report. MR. FLETCHER replied that this year they will be adding a DJ and dance floor in the intersection area and extending the event from 8:00 p.m. to 10:00 p.m. He said they will also have dance troops, more restaurants, photo booths, and two plow snowballs. He noted a representative from the Jones Agency, who has been handling this event for the past seven years, was available to answer questions. Mayor Weber said she enjoyed the Ferris wheel last year and many were impressed with it. Mayor Weber called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). D. REQUEST FOR APPROVAL OF THE 2016 GALEN NEW YEAR'S RESOLUTION 5K COLOR RUN ON SATURDAY, JANUARY 9 (Arlene Amick/Palm Springs Art Museum in Palm Desert, Applicant). Mayor Pro Tem Spiegel asked if this event would be the same as last year. Administrative Secretary Amy Lawrence answered yes, with the exception of the incorporation of the Color Run. She said the Applicant would like to have five color stations throughout the run. The color stations will be away from residential and commercial areas, stating the Applicant is looking at hiring a professional clean-up crew to clean up all the areas after the event. Councilman Jonathan commented that if the cleaning crew couldn't clean it up for any reason, they wouldn't proceed with the Color Run. Ms. Lawrence agreed, stating it was definitely contingent on making sure they can get the company to come out and do it. Councilman Jonathan moved to, by Minute Motion, approve: 1) Saturday, January 9, 2016, date for the Palm Springs Art Museum in Palm Desert's Galen New Year's Resolution 5K Color Run; 2) course map to include road closures on Painters Path (from El Paseo to Fred Waring Drive - behind Desert Crossing) and Edgehill (from El Paseo to Cahuilla Hills Park). Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 E. REQUEST FOR AUTHORIZATION TO PURCHASE FOUR (4) WORK TRUCKS FROM REYNOLDS BUICK, INC., IN THE AMOUNT OF $87,234.20 AND FOUR (4) LIGHT BARS AND BACKUP ALARMS FROM TOPS N BARRICADES IN THE AMOUNT OF $5,702.18 - TOTAL OF $92,936.38. Mr. Greenwood explained this purchase was for four replacement trucks for existing aging vehicles in the City's fleet that are becoming obsolete through the age of their CNG fuel tanks. Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize purchase of: 1) Four (4) work trucks from Reynolds Buick, Inc., Covina, Califomia, in the amount of $87,234.20; 2) four (4) light bars and back up alarms from Tops N Barricades, Indio, California, in the amount of $5,702.18 — funds are available in Account No. 5104195-4403000 - Fleet Equipment Replacement. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). F. REQUEST FOR AWARD OF CONTRACT TO 5M CONTRACTING, INC., IN THE AMOUNT OF $28,350 FOR THE DECONSTRUCTION OF A SINGLE-FAMILY HOME LOCATED AT 44900 SAN CLEMENTE CIRCLE (CONTRACT NO. C34750). Mr. Alvarez stated that in the past decade, the former Redevelopment Agency and the City acquired properties located along the Alessandro west corridor, north of Highway 111 between Las Palmas and Monterey. The property before the City Council this evening is located at 44900 San Clemente Circle Way, and as part of the improvement project being planned for this area, it requires deconstruction in order to facilitate the widening of the corridor. He said staff solicited bids and the proposed contract with 5M Contracting, Inc., will allow the City to move forward with deconstruction of the site in the amount of $28,350. He offered to answer questions. Mayor Pro Tem Spiegel commented on the huge differences in the bids ranging from $28,000, to $46,000, and $150,000. Councilman Tanner asked if this contract contained opportunities for additional monies or change orders because the contractor didn't estimate correctly. Mr. Alvarez replied that the contract was for an agreed amount that consists of the deconstruction of all amenities, removal and disposal of lead asbestos, and recycling of materials at approximately 75%. Further responding, he said this project will require a bond. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 Councilman Tanner moved to, by Minute Motion: 1) Award subject contract for Deconstruction of Improvements for a Single -Family Home located at 44900 San Clemente Circle in the amount of $28,350; 2) authorize Director of Finance to set aside a 10% contingency for the project in the amount of $2,835; 3) authorize the Mayor to execute said contract — funds are available from bond proceeds approved as part of the Alessandro Bond Proceeds Funding Agreement. Motion was seconded by Hamik. Councilman Jonathon stated he once had a property, where before demolishing, was offered to the Sheriff's Department and they did a RAPID Response Team exercise. The property was then offered to the Fire Department and they used it for an actual buming of the property. He asked staff to offer police and fire the opportunity to use this structure before being demolished. Mr. Alvarez agreed, stating he has already been approached by the Sheriff's Department, and the City has the ability to make this structure available for their training. He said that if all went well, staff will schedule them to go in before the deconstruction, and also offer the opportunity to the Fire Department. Mayor Weber commented that if the structure was burned, there wouldn't be materials to recycle. Mr. Alvarez explained the exercise is a controlled bum with simulated smoke. The makers of the motion agreed to amend adding staff direction to contact Police and Fire and coordinate potential training activities in the structure prior to deconstruction, and carried on a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO THE LOWEST RESPONSIVE BIDDER FOR THE CIVIC CENTER TURF REDUCTION PHASE I PROJECT — EARTH SCULPTURES, INC., IN THE AMOUNT OF $111,144.25 (CONTRACT NO. C34440, PROJECT NO. 963-16). Mr. Greenwood apologized to the Council for having to submit a replacement bid, stating staff got pinned into a comer by having to reject the bids previously, yet the deadline for completing the work by late December remains unchanged. He said staff opened bids recently for this project, and 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 he's happy to report, of the four local contractors that bid, Earth Sculptures, Inc. was the lowest; it was a very tight bid with only a 3% difference. Responding to question, he said contractors bid on the plans provided by staff. Councilman Jonathan stated the Council had asked staff to consider turf reduction around City Hall, and they have done that, which is appreciated. For the benefit of the public's attention, he noted staff estimated the City will save 68,000 gallons of water per month as a result of this project, which was amazing and tremendous. He congratulated staff and expressed his appreciation. Councilman Jonathan moved to, by Minute Motion: 1) Appropriate $12,258.68 from Unobligated Fund 400 Capital Reserve to Account No. 4004614-4391501; 2) award subject contract in the amount of $111,144.25 to Earth Sculptures, Inc., Indio, Califomia, for the Civic Center Turf Reduction Phase I Project; 3) authorize Director of Finance to set aside a 10% contingency for the project in the amount of $11,114.43; 4) authorize Mayor to execute said contract —funds are available in Account No. 4004614-4391501 - Culture and Recreation -Water Conservation, and in Fund 400 - Unobligated Capital Reserve Fund. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of September 28- October 9, 2015. Mr. Wohlmuth noted the printed report provided in the packets and offered to answer questions. With City Council concurrence, the Meeting Summaries were received and filed. 2. October 22 Fall Concert In the Park - "Dallas & Doll" Mr. Wohlmuth reminded everyone about tonight's concert in Civic Center Park at 6:00 p.m., the second -to -last one of the Fall 2015 Series, with Dallas & Doll performing classic Motown/Soul favorites. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 B. CITY ATTORNEY None C. CITY CLERK 1. Announcement of City Council Team -Building and Goal -Setting Study Session facilitated by Dr. Bill Mathis on Friday, October 30, 2015 — 8:30 a.m. at the University of Califomia, Riverside - Palm Desert Center, Room B114-117, 75080 Frank Sinatra Drive. Councilmembers took note of the scheduled Study Session. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Mayor's Meeting Summaries Report for the Period of September 14- October 9, 2015. Mayor Weber called attention to the printed report in the packets and offered to answer questions. With City Council concurrence, the Meeting Summaries were received and filed. 2. Council Requests for Action/Committee Reports/Comments: a) Mayor Pro Tem Spiegel Reports/Comments — Marketing Committee - presented the City's new campaign, encouraging people to leave their work, come to Palm Desert to relax and rejuvenate themselves. Additionally, J. W. Marriott Desert Springs Resort's participation in the "Biggest Loser" Program, being offered in three U. S. Cities: Palm Desert, Chicago, and Palm Beach. It will go on continuously and should bring a lot of business to our Marriott. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 b) Councilmember Harnik Reports/Comments — i) Riverside County Transportation Commission — a lot going on, residents will soon see an upcoming train and railroad safety education program. Recent incidents in the Coachella Valley have precipitated this; there is a person or vehicle hit by a train every three hours in the U.S. ii) Desert Valleys Builders Association Luncheon — excellent program, much good information about housing and how it affects the community. iii) Coachella Valley Economic Partnership — recent moming meeting, things are coming along after the tough spot, and they've really reorganized and done an amazing job. Have seen a big increase in FAFSA (Free Application for Federal Student Aid) submissions by local students, and people are waiting to get into the iHub, with many good things happening. iv) T.R.E.C. (Trustees Reaching Every Community) — Councilmembers toured Lincoln, Palm Desert Charter Middle School, and Palm Desert High School. v) Senior Inspiration Awards - things are coming together for the spring Awards Luncheon. vi) Golf Cart Parade coming up on Sunday, October 25. vii) California State University, San Bemardino at Palm Desert — great presentation with Supervisor Benoit on the Salton Sea. viii) Leadership Coachella Valley at Palm Desert Council Chamber last Friday —thanked City team for being great hosts. c) Mayor Weber Reports/Comments — Senior Inspiration Awards - City Council selected Mary Helen Kelly as its honoree this year, and she was absolutely stunned and truly grateful for the recognition. d) Councilman Jonathan Reports/Comments — i) Desert Sands Unified School District — thanked the District and Dr. Rutherford for taking the moming to spend with 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 Palm Desert officials on the T.R.E.C., where Council got to leam about all the incredible things going on at Lincoln Elementary, Palm Desert Charter Middle, and Palm Desert High Schools. ii) Palm Desert Area Chamber of Commerce Breakfast — attended event along with most of his colleagues. iii) Manufacturers Exemption Workshop at UCR — attended the workshop hosted by the Board of Equalization with opening remarks by Assemblyman Chad Mayes. iv) Whitewater Preserve Public Meeting with U.S. Senator Dianne Feinstein — attended this very interesting meeting with over 1,000 people, regarding formation of three National Monuments. Previously unaware of the number of political activists so involved in this issue. v) DVBA Luncheon — as Councilmember Hamik mentioned, very interesting in terms of the economic impact of residential development and everyone deals with it. vi) Indio State of the City Luncheon at Fantasy Springs — he and other Councilmembers attended; they've got some interesting things going on there, wished them all the best. vii) United Way Warm-up Walkforthe Tram Road Challenge — took place at The Living Desert last Saturday, very well attended and a lot of fun. Anyone still wanting to sign up for the Tram Road Challenge on Saturday, October 24, can still do so. viii) Roy's Desert Resource Center — got to tour for the first time as Member of the CVAG Homelessness Committee. It's an amazing and very interesting facility — resources doing a lot of good things on a very, very limited budget. He understood it was a 10-year commitment by CVAG, with three more years left; Roy's is struggling to become self-sufficient through donations from other sources. Hoped they would be able to do so, as they're serving a very important community, having to turn people away even though they have 40 vacant beds because they can't afford those additional people. Looks forward to continuing working on the issue through the CVAG Homelessness Committee. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 2015 ix) Family YMCA of the Desert — attended Board Meeting recently. Referring back to comments made today under Section VIII - Oral Communications - B, the numbers represented the net income, which the YMCA reinvests right back into the communities. It was a 50% increase over 2014, with a 40% increase in attendance. Developing a program with the school district, and they're targeting over2,000 participants for next year on the first Sunday in October. x) CV/Link — invited by and joined Tom Kirk and Erica Felci in making a presentation about CV/Link to the Govemment Policy Committee of the California Desert Association of Realtors. Felt part of the strategy was to let people know that there's overwhelming support for the project, even though most of what is heard and read in the paper tends to raise objections; The silent majority is very, very much out there and he hopes to hear more from them. xi) Library Promotion Committee Meeting yesterday — encouraged everyone to stop by and pick up one of their programming brochures or go online. Incredible array of programs being offered — libraries are not dead — they've reinvented themselves wonderfully. xii) Meeting with Richard DeRose — along with City Manager regarding the Heart To Heart Foundation. Will report back as further developments occur. 3. Council Consideration of Travel Requests and Reports: None XIX. ADJOURNMENT With City Council concurrence, Mayor Weber adjourned the meeting at 5:18 p.m. ATTEST: RACH'ELLE D. KLASSEN, CITY CLER CITY OF PALM DESERT, CALIFORNI -_ j\-..._. ,.max/" SUSAN MARIE WEBER, MAYOR 21