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HomeMy WebLinkAboutMinutes - Preliminary - City Council January 13, 2011DRAFT PRELIMINARY MINUTES XA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 13, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:00 p.m. 11. ROLL CALL Present: Councilmember Cindy Finerty Councilmember Jan C. Harnik Councilman William R. Kroonen Mayor Pro Tern Robert A. Spiegel Mayor Jean M. Benson Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: PRELIMINARY MINUTES DFLAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - 1.5 Acres between Marrakesh Country Club and Haystack Drive (APN 630-200-019) Negotiating Parties: Agency: John M. Wohlmuth/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Marrakesh Country Club Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex 73720 Fred Waring Drive, Suite 100, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: State of California Water Resources Control Board Under Negotiation: x Price x Terms of Payment 3) Property: Northwest Corner of Highway 111 and Monterey Avenue (APN 640-140-019) Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: City of Palm Desert/ Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Mr. Erwin requested the City Council consider adding two items to the Closed Session agenda having to do with existing litigation pursuant to Government Code Section 54956.9(a) a) Edith Slater v. City of Palm Desert, Palm Desert Redevelopment Agency, and Palm Desert Housing Authority, Riverside County Superior Court, Case No. INC 10004792 b) Michelyn Flynn v. City of Palm Desert, Riverside County Superior Court, Case No. INC 10003730 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 Upon a motion by Spiegel, second by Kroonen, and 5-0 vote of the City Council, the aforementioned two items of existing litigation were added to the agenda for Closed Session consideration. With City Council concurrence, Mayor Benson adjourned the meeting to Closed Session at 3:02 p.m. She reconvened the meeting at 4:01 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Cindy Finerty VII. INVOCATION - Mayor Pro Tern Robert A. Spiegel VI11. ORAL COMMUNICATIONS - None Councilmember Finerty requested consideration of adding an item to the agenda as an urgency matter. She said this was based on today's news article about 44 dogs that have been taken to the Coachella Valley Animal Campus. There was an Animal Campus Committee Meeting earlier today, and following significant discussion by local city officials there, along with Fourth District Supervisor John Benoit, it needed to be added to today's Palm Desert City Council agenda. On a motion by Benson, second by Spiegel, and 5-0 vote of the City Council, the item was added to Section XIV - New Business, Item A-1. Please see that portion of the minutes for discussion and resulting action. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CITY COUNCIL PRESENTATION TO RECOGNIZE FORMER COUNCILMAN AND MAYOR JIM FERGUSON FOR HIS 13 YEARS OF SERVICE ON THE PALM DESERT CITY COUNCIL. On behalf of the City Council, Mayor Benson presented former Councilman and Mayor Jim Ferguson with an engraved, framed print of the Council Chamber Mural. She also presented him with a framed print featuring the actual pages of Assembly Bill 811 as signed by then -Governor Arnold Schwarzenegger, and it included an engraved quotation by California Public Utilities Commission President Michael Peevey, crediting 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT JANUARY 13, 2011 Jim Ferguson for his leadership in energy efficiency and for the landmark legislation that "...has changed the energy landscape of California for the better, forever." She expressed sincere appreciation to Mr. Ferguson for his tenure on the Council and the talents he brought to the City, particularly in launching the Energy Program. Additionally, Mr. Wohlmuth said that on behalf of the City Council and staff, he was pleased to present the chair from Mr. Ferguson's office at City Hall as a remembrance of his time with the City of Palm Desert. MR. FERGUSON addressed the City Council and audience to say it was an honor to be in the Chamber today, noting that many had come before him and lots will come after, each making their own contributions to the City. He introduced his children with him today, 17'/2-year-old Alec, 15'/2-year-old Michaela, and 10-year-old Jackie, observing that most of their lives had been spent while he was serving the City. He went onto say that he knew the City was in very capable hands with Councilmembers Kroonen and Harnik joining the team. He thanked everyone for the tribute and for the time he spent as part of the City family, adding that he was proud to be a resident of Palm Desert. B. PRESENTATION OF PROCLAMATION DECLARING JANUARY 13, 2011, AS "PAT WALSH DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Benson presented Palm Desert High School Principal Pat Walsh with the framed proclamation, recognizing his service to the City and the tremendous achievements that had been accomplished by the High School under his direction since taking the position in 1998. She said it would be sad to see him leave Palm Desert to take a position in Brentwood in the San Francisco Bay area, but she joined her colleagues in wishing him well there, inviting him to visit Palm Desert as often as possible. MR. WALSH expressed his sincere appreciation for the honor and thanked a wonderful teaching staff, parents, and the City for building a partnership to achieve great things in Palm Desert. Additionally, he reminded everyone to be thankful for the people in their lives and to let them know how much they are loved. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of December 9 and December 23, 2010. Rec: Approve as presented. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT JANUARY 13, 2011 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 127, 128, 131, 136, 140, 141, 145, and 146. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meeting of November 16, 2010. 2. Parks & Recreation Commission Meeting of November 2, 2010. Rec: Receive and file. D. REQUEST FOR APPROVAL to Provide In -Kind Service to Support the Festival of Opera and Art to Occur on April 10, 2011. Rec: By Minute Motion, approve the provision of in -kind services as outlined in the accompanying staff report to support the 2011 Festival of Opera and Art on April 10, 2011. E. REQUEST FOR RATIFICATION of City Manager's Authorization to Enter Into a Memorandum of Understanding (MOU) Agreement with the City of Riverside to Participate in a California Office of Traffic Safety (OTS) -Avoid the 30 DUI Grant Program for Fiscal Year 2010-2011. Rec: By Minute Motion, ratify the City Manager's authorization to enter into the subject Memorandum of Understanding Agreement with the City of Riverside, Riverside, California, to participate in a California Office of Traffic Safety (OTS) - Avoid the 30 DUI Grant Program for Fiscal Year 2010-2011. F. REQUEST FOR ACCEPTANCE of the Office of Traffic Safety (OTS) Next Generation - Click It or Ticket Program for Fiscal Year 2010-2011 (Grant #CT11302). Rec: By Minute Motion, accept the Office of Traffic Safety (OTS) Next Generation —Click It or Ticket Program for Fiscal Year 2010-2011 (Grant #CT11302) in the amount of $1,740.48. Funds will be used to conduct at least two seat belt enforcement campaigns throughout the year. The program will run from November 15, 2010, through June 6, 2011. 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 G. REQUEST FOR ACCEPTANCE of the Office of Traffic Safety (OTS) Sobriety Checkpoint Mini -Grant Program for Fiscal Year 2010-2011 (Grant #SC11302). Rec: By Minute Motion, accept the Office of Traffic Safety (OTS) Sobriety Checkpoint Mini -Grant Program for Fiscal Year 2010-2011 (Grant #SC11302) in the amount of $26,640. H. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal of Palm Desert Police Department Miscellaneous Camera Equipment. Rec: By Minute Motion, declare items on the accompanying staff report as surplus property and authorize disposal as appropriate. REQUEST FOR AUTHORIZATION to Release Security for Desert Wings, LLC (Desert Wings, LLC, Applicant). Rec: By Minute Motion, authorize release of security for Desert Wings, LLC (Buffalo Wild Wings Restaurant), and waive the one-year maintenance requirement. J. REQUEST FOR APPROVAL to Possess and Consume Alcohol in Connection with an Open House Reception at the New Palm Desert Visitor Center on January 26, 2011. Rec: By Minute Motion, permit the possession and serving of alcohol in connection with the open house reception at the new Palm Desert Visitor Center, 73-470 El Paseo, to be held on January 26, 2011. K. REQUEST FOR EXTENSION of Contract No. C22161 B with D.W. Nicholson, LLC, DBA Desert Building Services to Perform Janitorial Services for the City of Palm Desert at the Henderson Building for One Additional Year. Rec: By Minute Motion, approve extension to subject contract with D.W. Nicholson, LLC, DBA Desert Building Services, Rancho Mirage, California, to perform janitorial services for the City of Palm Desert at the Henderson Building for one additional year in the amount of $11,880, and authorize the Mayor to execute same. Funds are available in Fund 510. L PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 L. CONSIDERATION FOR APPROVAL to Contract with Willdan Financial Services to Initiate and Prepare the Re-formation of the Allessandro Alley Private Business Improvement District (PBID) (Contract No. C30480). Rec: By Minute Motion: 1)Authorize the Mayor to enter into an agreement with Willdan Financial Services, Temecula, California, in the amount of $14,750 for re-forming the Alessandro Alley Private Business Improvement District (PBID); 2) appropriate $14,750 to Fund No. 288, Allessandro Alley PBID, which will be reimbursed throughout the life of the PBID. M. CONSIDERATION FOR APPROVAL to Contract with Willdan Financial Services to Initiate and Prepare the Re-formation of the Presidents Plaza III Private Business Improvement District(PBID) (Contract No. C30490). Rec: By Minute Motion: 1)Authorize the Mayor to enter into an agreement with Willdan Financial Services, Temecula, California, in the amount of $12,750 for re-forming the Presidents Plaza III Private Business Improvement District (PBID); 2) appropriate $12,750 to Fund No. 282, Presidents Plaza III PBID, which will be reimbursed throughout the life of the PBID. N. REQUEST FOR APPROVAL of Out -of -State Travel for One City Code Compliance Officer to Attend the 2011 International Codes Council Educode Training Conference in Las Vegas, Nevada, January 31 - February 4, 2011. Rec: By Minute Motion, authorize one City Code Compliance Officer to attend the 2011 International Codes Council Educode Training Conference in Las Vegas, Nevada, January 31 - February 4, 2011 - funds are available in Account No. 110-4154-415.31-20, Human Resources and 110-4470-412.31-20, Community Development Department Conference/Seminars/Workshops. Upon a motion by Kroonen, second by Spiegel, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 XI1. RESOLUTIONS A. RESOLUTION NO. 2011 - 1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE APPLICATION PROCESS, REVIEW PROCEDURES, AND REQUIRED CONTRACT PROVISIONS FOR THE IMPLEMENTATION OF THE PALM DESERT MILLS ACT PURSUANT TO PALM DESERT MUNICIPAL CODE CHAPTER 29.70. Mr. Grance stated the staff report was a request for implementation of the Mills Act Program pursuant to Section 29.70.030 of the Palm Desert Municipal Code. He said the Mills Act was recognized as one of the most important incentive programs available in California for use by private property owners for qualified historic buildings, and more than 80 communities in the State have established a Mills Act Program. Mayor Pro Tern Spiegel moved to waive further reading and adopt Resolution No. 2011-1. Motion was seconded by Harnik and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS ITEM ADDED TO AGENDA BY 5-0 VOTE AT 4:00 P.M. RECONVENING OF THE MEETING: A-1. REQUEST FOR APPROVAL OF FUNDING A CONTRACT WITH COUNTY OF RIVERSIDE TO HIRE A PET ADOPTION AND FOSTERING COORDINATOR AT THE COACHELLA VALLEY ANIMAL CAMPUS (CONTRACT NO. C30540). Councilmember Finerty stated that at today's Animal Campus meeting they talked about the same topic discussed at the City Council's retreat, which was to bring back the position at the Coachella Valley Animal Campus regarding adopting and fostering the pets. She said the lengthy discussion about it received unanimous support from all cities, and she proposed Palm Desert commit up to $20,000 for a contract position to hire an employee that PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 would assist in adoptions and fostering. The entire cost is approximately $51,000 divided between four cities: Palm Desert, Rancho Mirage, Indian Wells, and La Quinta. She said the euthanasia rate was so high that, this lady that had 44 dogs taken from her home and placed at the Animal Campus, it was conceivable that 33 of the 44 dogs would be euthanized. She worked with Supervisor Benoit this morning on this item, and he asked for City Manager John Wohlmuth to coordinate this request with the other cities and Mr. Noel Loughrin from his office to process this request as expeditiously as possible. She said they also discussed bringing back the person that was let go and the need to have someone that could hit the ground running to reestablish the adoption and fostering program. She said the other cities will be having council meetings within the next week, and within a week, Mr. Wohlmuth should have information to provide to Mr. Loughrin at John Benoit's office in order to move forward. An additional issue discussed, which affected those people who wished to help out with the overage of animals, was the County requires a Conditional Use Permit (CUP), and the cost for the permit is $10,000 along with a two-year process, which is very time consuming. She said Fred Saunders from the Animal Samaritans stated it kept many people who had five acres to want to set up and help out these animals. Staff at the Animal Campus was asked to come up with ways to reduce the red tape in the cost and time, because the goal was to make this happen as soon as possible to avoid having animals euthanized. Councilmember Finerty moved to, by Minute Motion, commit up to $20,000 for the City of Palm Desert to enter into a contract with Riverside County for hiring an employee to assist with Pet Adoption and Fostering at the Coachella Valley Animal Campus. Motion was seconded by Spiegel. Mr. Wohlmuth suggested that as part of the motion the Council consider appropriating $20,000 from the Unobligated General Fund Reserve for this purpose. Councilmember Finerty agreed to amend her motion to include appropriating said funds from Unobligated General Fund Reserves for said contract. Motion was seconded by Spiegel Councilmember Harnik questioned why Palm Desert would be contributing a greater amount than the other four cities. Councilmember Finerty responded it wouldn't be greater, because the position would be approximately $51,000, which was the number provided and discussed this morning. When she walked into this morning's meeting, there were only three cities contributing, but Councilmember Kristy Franklin from the City of La Quinta stated her city would want to participate, which is why she proposed up to $20,000, but it could very well be $15,000 or less. 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 She said additional cities or nonprofit organizations may also participate, but the overall desire is to have more than one person on staff to assist with adoptions and fostering. She said Palm Desert would not be charged disproportionately. Mayor Pro Tern Spiegel noted there was a formula in place with the Cove Communities with Indian Wells and Rancho Mirage where Palm Desert always paid more than half and the difference is made up by the other cities. Councilmember Finerty pointed out that Councilman Dana Hobart from the City of Rancho Mirage was the Chair at this morning's Animal Campus meeting, and he was adamant, as was everyone else, that the cost is split equally among the four cities. She said a letter will be forthcoming from Supervisor John Benoit's office in the next two days, and other cities may opt to contribute something, but the cost won't follow the typical Cove Communities formula. Councilman Kroonen asked about the time line for council approval on the part of the other known cities. Councilmember Finerty said there are two councils that will meet a week from today and believed La Quinta will meet on Tuesday. Therefore, within a week from today, City Manager John Wohlmuth will follow up with the respective city managers and report back to Noel at Supervisor Benoit's office. Councilman Kroonen asked if euthanasia activities commenced immediately. Councilmember Finerty said the Animal Campus usually waited five to seven days, but there is a commitment from the Animal Samaritans to take some of the animals, because they know everyone is working feverishly to get this accomplished. They heard loud and clear from those attending the meeting that this was a priority for everyone. Councilman Kroonen asked what would be the consequence if Council were to delay action on this item in order to have it go through the normal procedure and consider it at the next City Council meeting. Councilmember Finerty answered that some animals would be euthanized. Councilmember Harnik stated she knew Priscilla Dewing handled the adoptions and did wonderful work, but wondered what the adoption rate was. Councilmember Finerty responded Priscilla Dewing was the employee that was let go, but with reference to the adoption rate, the City approved setting aside funds to cover adoption fees for Palm Desert residents. She said there 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 was an adoption fee and spade /neutering fee, which she believed was $85 to $100, but the fee for cats was cheaper. She said the City has committed to waiving the adoption fees. Councilmember Harnik stated she didn't mean the cost, but the number of animals adopted in a year. Councilmember Finerty said it was 130 a year. Mayor Benson said it was more than that, stating throughout the year, adoptions run from 50 to 75 a month, but the last figure given was 120. Councilmember Finerty stated Petco was on television along with some of the animals that were taken from this lady's house through efforts by Animal Samaritans and other nonprofit organizations. She said everyone was working to do their best to assimilate them. Mr. Wohlmuth stated that in his discussion with Rob Miller, twelve months prior to the release of the rescue coordinator, 1,200 animals were adopted or sent to rescue partners. Councilmember Finerty stated she misspoke earlier and clarified there were 100 to 120 adoptions per month, but it also included fostering, which was very important. She said little kittens are too small to be adopted, so they are taken care of for two or three weeks until they are bigger and ready to be adopted. She said it was a huge program and every animal's life that can be saved was worth saving. Councilman Kroonen requested the motion be restated. Ms. Klassen said the motion was to authorize the City to commit up to $20,000 for the hiring of an employee to facilitate adoptions and fostering at the Coachella Valley Animal Campus and appropriate said amount should the motion be successful. Councilmember Finery noted it would be a contract position. Councilman Kroonen asked if the City Manager would determine the exact amount the City would be contributing. Councilmember Finerty responded that once the letter went out from Supervisor Benoit's office to all the other cities, and all the other city councils have met and the dollar amount was known, then the City Manager will be able to figure out exactly what Palm Desert's contribution will be. Mayor Benson called for the vote, and the motion carried by a 5-0 vote. 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT JANUARY 13, 2011 A-2. CONSIDERATION OF APPROVAL FOR A TEMPORARY WAIVER TO PALM DESERT MUNICIPAL CODE SECTIONS 9.58.040, AND 11.01.080 W FOR THE DESERT RECREATION DISTRICT'S ANNUAL INTERNATIONAL SPORTS FESTIVAL OPENING DINNER CEREMONY TO BE HELD AT THE PALM DESERT COMMUNITY CENTER. Mayor Pro Tern Spiegel noted the Senior Games was an annual event primarily for people that didn't live in Palm Desert, but came to the City to participate in the games. He said wine is served at the opening dinner ceremony. Mayor Pro Tern Spiegel moved to, by Minute Motion, grant a temporary waiver to Palm Desert Municipal Code (PDMC) Section 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040 for the Desert Recreation District's Annual International Sports Festival Opening Ceremony to be held at the Palm Desert Community Center on February 4, 2011. Motion was seconded by Hamik and carried by a 5-0 vote. B. REQUEST FOR EXTENSION OF CONTRACT NO. C22167 WITH D.W. NICHOLSON, LLC, DBA DESERT BUILDING SERVICES TO PERFORM JANITORIAL SERVICES FOR THE CITY OF PALM DESERT AT THE PARKVIEW OFFICE COMPLEX FOR ONE ADDITIONAL YEAR. Responding to question, Mr. Gibson confirmed this year's contract amount was the same as the prior year. Councilmember Finerty moved to, by Minute Motion, approve extension of subject contract with D.W. Nicholson, LLC, DBA Desert Building Services, Rancho Mirage, California, to perform janitorial services for the City of Palm Desert at the Parkview Office Complex for one additional year in the amount of $73,020, and authorize the Mayor to execute same. Funds are available in Fund 510. Motion was seconded by Kroonen and carried by a 5-0 vote. C. REQUEST FOR AWARD OF CONTRACT FOR THE CIVIC CENTER REROOFING PROJECT (CONTRACT NO. C29890). Mayor Pro Tern Spiegel commented that with all the roofing companies in the Coachella Valley the City did not receive a single bid from a local vendor. Mr. Greenwood agreed. However, the City requested specialized roofing materials that are meant to last and is used on a lot of government buildings, particularly school buildings. He said local contractors had the opportunity to become certified, because you have to be a certified installer of this specialized material, and yet none of the local vendors bid on this project. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Reject the bid from the apparent low responsive bidder, Tecta America Southern California, Inc., Santa Ana, California, due to mathematical errors; 2) award the subject contract in an amount of $903,250 to Progressive Roofing, Manteca, California, for the Civic Center Reroofing Project; 3) approve a 10% contingency of $90,325; 4) authorize the Mayor to execute the subject agreement - funds are available forthis project in the Building Maintenance/Repair and Maintenance City Hall, Account No. 450-4161-415-4001. Motion was seconded by Kroonen and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF THE REIMBURSEMENT AGREEMENT WITH THE CITY OF RANCHO MIRAGE FOR THE MONTEREY AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT (PROJECT NO.555-10) (CONTRACT NO. C29950C). Responding to question, Mr. Greenwood said the synchronization will help the traffic signal function better than it was now. Mayor Pro Tern Spiegel moved to, by Minute Motion, authorize the Mayorto execute the subject Reimbursement Agreement with the City of Rancho Mirage, Rancho Mirage, California, for the Monterey Avenue Traffic Signal Synchronization Project. Motion was seconded by Finerty and carried by a 5-0 vote. E. REQUEST FOR APPROVAL OF CONTRACT NO. C30500 WITH THE LAWRENCE COMPANY FOR THE CREATION AND REVISION OF NEW AND EXISTING RECYCLE BINNEY PUBLIC SERVICE ANNOUNCEMENTS (PSAs) AND AUTHORIZE ADVERTISEMENT OF PSAs. Responding to question, Ms. Riddle said the funds will come out of Recycle Funds and no General Funds will be used. Mayor Pro Tern Spiegel moved to, by Minute Motion: 1) Approve the subject contract in the amount of $193,260, plus a 10% contingency in the amount of $19,326, with The Lawrence Company, El Segundo, California, and authorize the Mayorto execute same for A) the creation of three (3) new Public Service Announcements (PSAs) (i.e. for Used Oil Recycling, the Bulky Item Pick-up Program, and Universal Waste and Sharps Disposal); B) the revision of the existing Household Hazardous Waste (HHW) PSA to reflect the new At -Home HHW Collection Program; and C) record Spanish translation of each PSA; 2) authorize LNS, La Quinta, California, to perform media placements of the PSAs (spots on Time Warner, KESQ, KMIR, KPSP, etc) in the amount of $110,000, plus 10% contingency in the amount of $11,000; 3) approve an appropriation in the amount $333,586 from the Recycle Account No. 236-4195-454-3090 to cover the requested work. Motion was seconded by Harnik and carried by a 5-0 vote. 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 F. REQUEST FORAPPROVAL TO PURCHASE IRRIGATION SUPPLIES FOR THE DESERT WILLOW GOLF RESORT (CONTRACT NO. C30350). Responding to question about the single bid submitted, Senior Management Analyst Catherine Walker confirmed only one bid was received. Councilmember Finerty commented that at least the contractor was local. Councilmember Finerty moved to, by Minute Motion: 1) Approve the purchase of irrigation supplies from High Tech Irrigation Corporation, Indio, California, in an amount not to exceed $141,777.20; 2) waive any bid irregularities - funds are available in Golf Course/Ground Expenses, Account No. 520-4195-495-8031. Motion was seconded by Spiegel and carried by a 5-0 vote. G. REQUEST FOR APPROVAL OF LEASE AGREEMENT BETWEEN THE DESERT WILLOW GOLF RESORT AND GPS INDUSTRIES, LLC, FOR THE PURPOSE OF PROCURING A GOLF CART ONBOARD GLOBAL POSITIONING SYSTEM (GPS) (CONTRACT NO. C30340). Mayor Benson noted she circulated a letter received showing a local connection to one of the bidding companies for this contract. Councilmember Finerty asked what was the purpose for this purchase, because she thought the course provided directional signs. Senior Management Analyst Catherine Walker stated the system allowed DesertWillowto schedule plays to avoid a backup on the course and be able to route plays so that everyone teed off efficiently. She said food can be ordered from the system and also provides distances for potential swing shots. She said Mr. Mogenson could provide a more detailed technical description. Councilmember Finerty requested staff help the Council understand why spending $530,000 for 48-months was a reasonable thing to do. MR. RICHARD MOGENSON, General Manager at Desert Willow Golf Resort, stated the GPS system was an industry standard customer service experience item that was standard throughout the entire Coachella Valley as well as nationally. He said in this day and age GPS systems provide a myriad of things that are positive; they allow the Club to maintain complete control, control carts and their destinations to avoid them from driving on greens, the ability to turn off golf carts that go off the property, provides a better customer service experience because it speeds up play as opposed to having everybody measure with their own individual tools, and they provide a score card. He said the GPS system allows the Club to remain 1EI PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 competitive as most country clubs in town have a similar system. The previous contract was $730,000 and this one is for $530,000, which was a $200,000 savings from the prior four-year contract. Councilmember Finerty asked what was wrong with Bollseye, the company that came in at $257,000. MR. MOGENSON responded the Bollseye system was interesting, but unfortunately, the company had no experience at this point, and he found it was virtually a data test. The only two GPS installations they did were for a nine -hole course in Kansas and Dubia. He felt they didn't effectively promote their product and maybe down the road it may be a good alternative, but at this point he didn't want to be another data test. Councilmember Finerty asked if this was something the Club has had all along, and the City has spent $700,000 for it in the past. MR. MOGENSON answered yes, stating the old GPS system is currently being used, which has expired, but it's been moved over to the new club carts until a decision is made regarding the installation of a new system. Councilman Kroonen asked if it was fair to conclude that this expense was being recouped by the various Club fees. MR. MOGENSON answered yes, stating the GPS system was part of the entire Club's budgeting process, because in orderto remain competitive and demand the rates it offered, the Club still has to provide the same experience that other courses in the Valley provide. Further responding, he said all the major courses provide a similar system. Mayor Benson stated she was disturbed by the fact that there is a $250,000 difference between a new company starting out, because somebody has to hire them to get them going. She said the City's always been innovative in helping people to get started. She understood they are a new company, but Palm Desert was once a new City and people put their faith in it. She reiterated that $250,000 was a big difference. MR. MOGENSON responded there were a lot of differences in terms of the product they offered. He said Bollseye didn't offer the full integration with the new club carts just recently released, and they didn't have some of the features up and operating that were asked for in the Request for Proposal (RFP). Although they said they could adapt, he believed there would be an additional cost once they had it operating. He said Bollseye just wasn't ready for the Club's particular product, and an additional factor was that they couldn't produce the product for another four or five months, which would be a delay and the Clubs season would be jeopardized. Further responding, he 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 said the proposed contract was a four-year lease, which was the same as the previous lease. Mayor Pro Tern Spiegel moved to, by Minute Motion, approve the Lease Agreement for a golf cart onboard global positioning system for the Desert Willow Golf Resort in the amount of $11,058.61 per month (includes tax and interest) for a term of 48 months with GPS Industries, LLC, Sarasota, Florida - funds are available in the Golf Course Expenses, Account No. 520-4195-495-8091. Motion was seconded by Harnik and carried by a 5-0 vote. XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF THE 2011 MASTER LIST OF QUALIFIED PROFESSIONAL SERVICES CONSULTANTS FOR SERVICES VALUED AT LESS THAN $25,000 PER PROJECT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY) (Continued from the Meeting of December 9, 2010). Redevelopment Accountant Veronica Tapia stated staff went through the list that was provided in December and reorganized it. She pointed out that the local vendors were prioritized to the front of the list, which represented 40% of the vendors, and then by region and out-of-state. Mayor Pro Tem/Vice Chairman Spiegel asked if any vendors were removed that weren't local. Ms. Tapia responded the list was just reorganized. Mayor Pro Tem/Vice Chairman Spiegel stated the Chamber of Commerce is having a program on Saturday, March 19, 2011, on encouraging people to purchase locally, which he was in favor. He said hopefully the people that will be making purchases will primarily search for local vendors and not go outside the Valley. Council member/Member Harnik stated the staff report indicated the companies on the list were considered qualified for three years. She asked if other people were eligible to be placed on the list or was the list comprised every three years. Ms. Tapia said the list was comprised every year, but once accepted, they are allowed to remain on the list for three years. Mayor Pro Tem/Vice Chairman Spiegel invited Barbara deBoom to comment on the matter. 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 MS. BARBARA deBOOM, President/CEO of the Palm Desert Chamber of Commerce, stated she liked the order in which the vendors were listed and appreciated staff working with the Chamber. Mayor/Chairman Benson noted the Housing Authority approved the list as well Mayor Pro Tem/Vice Chairman Spiegel moved to, by Minute Motion: 1) Approve the 2011 Consultant Master List as outlined in the accompanying staff report; 2) authorize staff to negotiate agreements and contract amendments with the Qualified Consultants for up to $25,000 per project, and authorize the City Manager/Executive Director to execute same; 3) approve the proceedings for selection and award of contracts as set forth in the accompanying staff report and as authorized by Palm Desert Municipal Code Section 3.32.090. Motion was seconded by Kroonen and carried by a 5-0 vote. B. REQUEST FOR AWARD OF CONTRACTS FOR THE PORTOLA AVENUE AND FRANK SINATRA DRIVE INTERSECTION IMPROVEMENTS AND APPROVE A WATER LINE RELOCATION AGREEMENT WITH COACHELLA VALLEY WATER DISTRICT (CVWD)(PROJECT NO.572-08) (Continued from the Meeting of December 9, 2010). Councilman Kroonen moved to, by Minute Motion: 1) Select the warm -mix asphalt alternative; 2) award Contract No. C27950A for Construction of the Improvements at the Intersection in the amount of $3,931,371 to H & H General Contractors, Inc., Highland, California; 3) approve a 10% contingency for the construction contract in the amount of $393,137; 4) award Contract No. C27950D for Geotechnical Services in the amount of $35,210 to Southern California Soil & Testing, Inc., Indio, California; 5) award Contract No. C27950E for Surveying Services in the amount of $25,901 to RBF Consulting, Palm Desert, California; 6) approve a loan in the amount of $102,300 and an Agreement (C27950F) with Coachella Valley Water District (CVWD) for the relocation of water lines and installation of siphons; 7) authorize the Mayor to execute the aforementioned agreements. Funds are available in the following accounts: Measure A, Account No. 21 3-4548-433-4001($1 ,050,714); Drainage Fees, Account No. 232-4548-433-4001($3,094,005); Capital Project Reserve, Account No. 400-4548-433-4001($343,200). Motion was seconded by Spiegel and carried by a 5-0 vote. 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF THE MEDIA PLACEMENT PLAN FOR THE REMAINDER OF THE 2010/2011 FISCAL YEAR. Mayor Pro Tern Spiegel stated this item was reviewed at the City Council's Retreat and learned the cost was $50,000 less than originally budgeted. He said if this item was approved, the City will be advertising in areas that the hotels requested. He said its snowing and cold around the Country, and he was sure those people would rather be here in Palm Desert. Mayor Pro Tern Spiegel moved to, by Minute Motion, approve the 2010/2011 Media Placement Plan in an amount not to exceed $151,343 with JNS Advertising, La Quinta, California - funds are available in Advertising Buys, Account No. 110-4417-414-3221. Motion was seconded by Harnik and carried by a 5-0 vote. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF FOURTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN PALM DESERT REDEVELOPMENT AGENCY AND WVC RANCHO MIRAGE, INC. REGARDING MODIFICATION OF MINIMUM PROJECT AMENITY FEES FOR THE WESTIN DESERT WILLOW VILLAS TIMESHARE PROJECT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. McCarthy stated this item was a joint hearing with the Palm Desert Redevelopment Agency and as members of the Agency Board it currently had a Disposition and Development Agreement (DDA) which was amended when Starwood took over a portion of the Intrawest property and therefore inherited a schedule of project amenity fee payments that were subsequently modified in the Third Amendment, but that schedule is predicated on an assumed build -out that was determined in 2006. The market for timeshares has suffered along with a lot of other activities with the current extraordinary economic distress. He said there was great deal of distressed timeshare products in different markets that are competing with the City's project. Representatives of Starwood asked if the City was willing to consider a permanent modification to the agreement with respect to the project amenity fee payments. Staff responded suggesting a five-year moratorium whereby Starwood would just pay on timeshares that were actually built. They will continue to pay on the ones that have been built with the schedule intact and reassert it after the end of the five-year period. Staff believes it is in the City's best interest to be accommodative with the developer as they are building a fine product. He said Starwood expressed their concern in that if f.] PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 they were forced to make payments well in advance on the construction of the timeshare units, they would be at a disadvantage in terms of competing for internal capital necessary to actually build these projects, because they have to present the project to their parent company and compete internally in terms of returns and things of this nature. He said their rationale seemed to make sense and the recommendation was a collective recommendation from the management team. He said a representative from Starwood was present to speak on the matter if Council had any questions. Mayor Pro TemNice Chairman Spiegel stated it meant the City would lose $2.5 million to the General Fund. Mr. McCarthy responded these funds actually went into the 241 Capital Reserve Fund for Desert Willow and not typically operating General Funds; however, the 241 Fund was accessible to the General Fund should it be needed. He agreed there would be a reduction in revenue of about $2.7 million over the five-year period. Mayor Pro TemNice Chairman Spiegel asked if the City's relationship with anyone else be affected if this request was approved. Mr. McCarthy answered no, stating the City had a similar agreement with the existing Intrawest, but they have not been building and have been operating under this agreement for some time. He said this particular agreement with the Amendment was still favorable to the City relative to other types out there. He said other agreements are tied to "as built," as opposed to a pre-existing schedule like with the Marriott on Monterey. Councilman/Member Kroonen questioned what would be the scenario if this wasn't approved. Mr. McCarthy stated he didn't wish to speculate, because he neverfelt it was appropriate to put a business in distress and it's never in the City's interest. He said this has been a very good project for the City and it seems there is a fair argument to be made that if the actual build -out has changed, it may be appropriate to conform to the actual build -out as opposed to everybody's best intentions four years ago. Mayor/Chairman Benson asked if the City would return to the same agreement at the end of this period. Mr. McCarthy answered yes. Mayor Pro TemNice Chairman Spiegel asked if Starwood was continuing to build on their last pad. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 Mr. McCarthy stated it was his understanding they were, but deferred to the representative of Starwood to speak to the issue of absorption and build -out. Mayor/Chairman Benson declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MS. EMILY HEMPHILL stated she was Counsel and Local Representative for Starwood. She said Starwood had 74 units that were already built and entitled for 280 in total. She said 74 units started selling in 2007, and with 74 units you get about 3,700 timeshare units. In 2007 and 2008 Starwood was selling at a rate of almost 2,000 timeshare units per year. In 2009 that number dropped to less than half, but the numbers are starting to crawl up again. Starwood's projections are that with the units already constructed, if they don't begin building again, they will run out of inventory at this particular location; they have run out of inventory in Rancho Mirage. She said Starwood had a real investment in the sales machine here in the Desert, so they would like to avoid dismantling the machine and keep it fed with inventory as they go. Although the depressed economy hit tourism and timeshare sales hard, they are starting to see it climb back up, so they went ahead and purchased a building permit for Building 4, which has 22 additional units. They plan to meet with their Board of Directors on February 23 to ask for permission to begin construction on that building. However, because it's a public company, until they act, she couldn't tell for sure what will happen, but this request is an important piece. She said Starwood was asking to not pay the project amenity fee for units that didn't exist for a period of five years, but will continue to pay on the ones that did exist whether they are sold or not. Further responding, she said if the additional 22 units are approved for construction, Starwood will pay the fee on those as well. The estimate provided to Council by staff, in terms of reduction, was a worse case scenario. She said they were hopeful the market will continue to pick up, and as they build the deficit number will be smaller. She thanked the Council for its consideration. With no further testimony offered, Mayor/Chairman Benson declared the public hearing closed. Mayor Pro Tem/Vice Chairman Spiegel moved to, by Minute Motion: 1) Approve the Fourth Amendment with WVC Rancho Mirage, Inc.; 2) authorize the Mayor/Executive Director to execute the Fourth Amendment. Motion was seconded by Harnik and carried by a 5-0 vote. 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 B. REQUEST FOR APPROVAL OF CHANGE OF ZONE FROM SERVICE INDUSTRIAL (S.I.) TO PLANNED RESIDENTIAL 5 UNITS PER ACRES (PR-5) AND A TENTATIVE TRACT MAP TO CREATE 15 NEW RESIDENTIAL LOTS ON THE NORTH SIDE OF PICASSO DRIVE WITHIN THE GALLERY RESIDENTIAL DEVELOPMENT, LOCATED ON THE NORTHWEST CORNER OF GERALD FORD DRIVE AND PORTOLA AVENUE, Case Nos: C/Z 10-276 and TT 36335 (Ponderosa Homes II, Inc./MSA Consulting, Inc. Applicants). Councilmember Harnik stated she will abstain on this item because she has an interest within 500 feet from the subject property and left the Council Chamber. Principal Planner Tony Bagato stated this case was a Change of Zone and Tentative Track Map for 15 lots within the existing Ponderosa Homes Development located just north of Gerald Ford Drive. He displayed an arial view of the subject subdivision and stated the site was 3.4-acre property that will be located on the north side of Picasso Drive adjacent to the existing residential community. Access to the new lots will be provided through the main driveways off of Gerald Ford Drive and Dinah Shore Drive. He also displayed the General Plan and Zoning maps and stated that under the General Plan it's all designated for Residential. The Applicant owns the entire property and plans on coming in with a smaller residential product in the future, but when the General Plan update was completed in 2003, the property was never rezoned, which is the reason for this item, to change the zone portion from Service Industrial to Residential to be consistent with the General Plan. Staff's findings were that the Applicant was consistent with the existing community and zoning, and the findings for approval are included in the staff report. He said the Planning Commission recommended approval in November 2009. He offered to answer questions. Mayor Benson asked why was the area zoned Service Industrial in the first place. Mr. Bagato responded it was all initially zoned Service Industrial prior to the General Plan update, but in reviewing the areas, some of the Service Industrial areas were designed for Residential in the future, but the City has not updated the Zoning Ordinance for the Zoning maps to be consistent with all the General Plan Designations. He said some of the area to the north of Dinah Shore is Service Industrial, but this portion to the north of these lots will still be Residential, so they will be compatible with the rest of the area. Mayor Benson declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 MR. JEFF SCHRADER with Ponderosa Homes stated that when the project was built, the streets were constructed with all the utilities forthe subject lots, but because the zone line was there already, they didn't go through the zone change process. He said they opened a new set of models this past month and traffic was picking up, so they felt positive and thought it was time to bring this last piece to the community. He said they are working on a plan for the rest of the 32 net acres, which they hope to submit this year. Mayor Pro Tern Spiegel asked how many homes had been sold in the past couple of months. MR. SCHRADER responded that since they opened up on December 13, they had not sold any from the new project. However, at the end of 2008, they sold 58 lots to D.R. Horton, and they opened up their new project in the middle of the year and have sold 22 homes, which has helped generate traffic for his project and can now see a light at the end of the tunnel. With no further testimony offered, Mayor Benson declared the public hearing closed. Councilmember Finerty moved to waive further reading and: 1) Pass Ordinance No. 1219 to second reading, approving a Change of Zone from Service Industrial (S.I.) to Planned Residential 5/acre (PR-5); 2) adopt Resolution No. 2011- 2, Tentative Tract Map 36335, subject to conditions. Motion was seconded by Kroonen and carried by a 4-0 vote, with Harnik ABSENT. C. REQUEST TO ACCEPT CAL COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING (SLESF) FOR 2010/2011. Mr. Aryan stated the City of Palm Desert was eligible to receive approximately $100,000 in Cal COPS funding this fiscal year. He said the funds assist the Police Department by underwriting certain projects and programs they have in reducing crime and improving public safety. In order for the City to accept the available funding, the expenditure plan before the Council needed to be approved by the City Council and submitted. The expenditure plan shows approximately 35% of the $100,000 that was used for the recently completed 2010 Holiday Theft Suppression Program. The remaining balance will be used to purchase necessary equipment and supplies that support their front-line enforcement activities. There is an existing balance of $11,000 in the previous Cal COPS funding, so with approval of staff's recommendation the balance will be approximately $111,000 for their disposal. Mayor Benson asked if staff had any figures on what the program accomplished for the community or El Paseo during the holidays. 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 Lt. Shouse responded he didn't have any firm numbers, but believed the Department spent about that amount. He said the Department put out the same hours as they did last year, which was 600-man hours. Antidotally they were successful this year in keeping crime minimal in the shopping areas. Mayor Benson declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no testimony offered, she declared the public hearing closed. Councilman Kroonen moved to, by Minute Motion, accept the Cal COPS Supplemental Law Enforcement Services Funding (SLESF) grant award of $100,000 to cover the cost for the 2010 Holiday Theft Suppression Program and the acquisition of necessary equipment, services, and supplies to support front line law enforcement services. Motion was seconded by Finerty and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER Governor's Budget Proposal — Mr. Wohlmuth noted that he'd distributed a memorandum yesterday to City Council regarding the Governor's Budget Proposal. Therein he identified the most disturbing part of the proposed budget — elimination of Redevelopment Agencies Statewide, and there are other parts of the budget that cause concerns as well. Staff was staying on top of discussions that occur at the State level, including some information he'd received today from the City's Lobbyist, Anthony Gonsalves & Sons, regarding their efforts and enlisting support from the Building Industry, Chambers of Commerce, Developers, etc. It was both a Statewide issue and serious concern. If the Governor's proposal to eliminate Redevelopment Agencies is unsuccessful, he believed the Governor will try to take/raid more of the City's Redevelopment funds or other local General Funds. During the City Council's Retreat last week, there was discussion about lifting the City's hiring freeze. However, given this latest development, he was very concerned and not ready to propose lifting the hiring freeze without knowing what would happen with the State's raiding of local funds, even though Proposition 22 passed in November 2010. 23 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DRAFT JANUARY 13, 2011 2. City Manager Meeting Summaries January 2-13, 2011 — Mr. Wohlmuth said that also part of the City Council Retreat last week, he was asked to provide the City Council with a bimonthly report on meetings he has and projects that he's working on. He distributed such a report earlier this afternoon and would continue to do the same for each City Council Meeting. If there were any questions or concerns, he offered to address them. 3. Future City Council Agenda Items — Mr. Wohlmuth called attention to the new sub -heading that is located on this and all future agendas under Section XVIII - Reports and Remarks for Councilmembers. This will provide Councilmembers with the opportunity to request items for consideration at future City Council Meetings and direct staff to provide the necessary reports. B. CITY ATTORNEY None C. CITY CLERK Ms. Klassen asked everyone to join her in wishing Deputy City Clerk Grace Mendoza happy birthday today. D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: Fourth District Supervisor John Benoit — Mayor Benson noted that earlier in the meeting Supervisor Benoit had been in attendance to make a presentation to former Councilman Ferguson to recognize his good work in the Coachella Valley. However, she'd inadvertently forgotten to announce him and wanted everyone to knowthat such a presentation was to have been made, which was notable to have a Supervisor do so. 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 2. Coachella Valley Animal Campus — Councilmember Finerty requested that the City follow up in earnest on the commitment made earlier in today's meeting to help fund an employee for facilitating adoptions and animal fostering. 3. Desert Willow Golf Resort Grand Re -opening — Mayor Benson reminded her colleagues of the Desert Willow VIP Reception being held tomorrow evening at 4:00 p.m. She also encouraged them to be present for the Public Grand Re - Opening Event on Sunday, January 16, from 11:30 a.m. - 3:00 p.m., noting how proud the City was of the renovation projects that had just been completed. 4. Palm Desert Visitor Center Open House — Councilmember Harnik noted the Open House Event that is scheduled for Wednesday, January 26, 5:00 p.m. - 7:00 p.m. at the new location, 73-470 El Paseo, Suite F7. o City Council Consideration of Travel Requests and Reports: None o City Council Committee Reports: 1. CVAG Public Safety Committee — Mayor Pro Tern Spiegel reported that the Committee met Monday this week, and the main topic of discussion was the "perfect storm" of traffic that occurred in the Coachella Valley on December 1. He said a semi -tractor and trailer jack-knifed on the freeway and backed up traffic there, stranding vehicles and passengers for seven hours, not knowing what had happened or how they could get off the Interstate. Unfortunately, he said the driver of the semi - tractor was killed, and it took four hours to get someone to the site to take care of the body. Meanwhile, CVAG had put together a 58-page document for such an occurrence, but it was not reviewed on December 1. He said it was a terrible thing, but because of it, agencies will work more closely together to avoid this situation in the future. 2. American Advertising Federation Palm Springs -Desert Cities — Mayor Pro Tern Spiegel advised that he'd attended the Federation's recent luncheon with Economic Development Manager Ruth Ann Moore and Visitor Center Manager Donna Gomez, where he learned a great deal. Speakers at the event were The Living Desert's Marketing Manager and Member of the City's Marketing Committee Kimberly Bowers, 25 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 Palm Springs Desert Resorts Communities CVA's Mark Graves, Desert Sun's Advertising ManagerSarah Weaver, and Palm Springs Hospitality Association's Julius Kazen. He noted that the speakers focused on seasonal visitors' impacts to the Coachella Valley each year when they spend over $1 billion here, and impacts from Canadian visitors, with the local economy experiencing a $123 million impact from their stays. He said the City's Marketing Committee will be reviewing this information, including the suggestion that businesses should be marketing based on these statistics — especially food and beverage. He went on to report that it's been found that 60% - 65% of visitors to the Coachella Valley come from Southern California, with current target markets of Southern California, Western Canada, and the Pacific Northwest, and airline traffic is up 3.27% in the last eight months. 3. Art In Public Places Commission — El Paseo Invitational Exhibition Opening Ceremony — Councilman Kroonen conveyed that he, along with Mayor Benson and Councilmember Harnik, enjoyed participating in the Opening Ceremonies for the new sculpture exhibit, it was wonderful. He was extremely impressed by the works being shown, and it was very pleasant to hear from the artists, many of whom had come from a distance for the event, and there were also many local artists represented as well. Mayor Benson offered her congratulations for a fine Exhibition as well, noting that City Public Art Coordinator Deborah Schwartz put it together this year instead of the City hiring a curator and paying up to $10,000 for the contract. She felt it was one of the best El Paseo Exhibits for the City in many years, including having more artists out for the opening than ever before on a very chilly evening. Each piece was inspirational in how the artist related it to the desert. She strongly encouraged everyone to tour the Exhibition on El Paseo, because it was a great collection and tribute to Ms. Schwartz's work. "Stories From the heART" Community Gallery Reception — Councilman Kroonen went on to report on the new show in the City Hall North Wing Community Gallery, with the opening reception being held Monday evening, January 10, and it was equally pleasant. C. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 o City Council Comments: Corporation Yard Visit— Councilmember Harnik said she made a visit to the City's Corp. Yard with Messrs. Wohlmuth and Greenwood and was very impressed with the operation. She commended Maintenance Services Manager Carlos Hernandez for his good work and the great work of his staff there keeping the facility immaculate. 2. City Council Retreat - January 6-7. 2011 — Councilmember Harnik commented that last week's Retreat was very productive; it was wonderful working with her colleagues, and she felt a lot of progress was made with a lot of innovative thinking. She complimented staff for being professional and well prepared, and she also praised facilitator Carolyn Stark, who was in the audience at today's meeting. Councilman Kroonen echoed Councilmember Harnik's comments about the Retreat last week. He, too, felt it was very successful, and Ms. Stark's leadership there was most appreciated. 3. Congratulations to Risk Manager Gary Rosenblum — On behalf of his colleagues, Councilman Kroonen congratulated Mr. Rosenblum for his recent appointment to the National Advisory Committee on Occupational Safety and Health. 4. Holiday Events — Councilman Kroonen praised everyone responsible for both the employee Holiday Party at The Living Desert and the Committee/Commission Appreciation Dinner at J. W. Marriott Desert Springs Resort. He thought everyone enjoyed the events, and they were greatly appreciated. 5. Optimist Club/P.D.H.S. Students of the Month — Councilman Kroonen reflected on the 7:00 a.m. monthly breakfast sponsored by the Optimist Club at Desertarc, reporting that he participated on the morning of December 15 and found it fantastic. Years ago he had the opportunity of participating when his son was honored. It was great to remind everyone of the very fine caliber of young people in the Palm Desert community, and he looked forward to participating in future breakfasts whenever it was his turn to do so. 27 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 o Suggested Items for Future City Council Meeting Agendas 1. City Council Meeting Broadcasts — Councilmember Harnik asked to see a staff report regarding the available options for televising or web -streaming City Council Meetings. 2. Cal State University "Ring Road" — Mayor Pro Tern Spiegel asked to have the "Ring Road" be discussed on a future agenda. 3. Cal State/UCR — Councilman Kroonen asked for a general update on the relationship issues between the City and Cal State/UCR. He said Councilmember Harnik and he were recently out there visiting with Cal State officials, and it seemed to him that there were some issues. Councilmember Harnik agreed. 4. Virainia Warina International Piano Competition — Councilman Kroonen said that in reviewing City Council Meeting Minutes from August 26, 2010, consideration of a funding request by the Piano Competition was not resolved due to a 2-2 tie vote, and it received no action. He requested that the item be brought back for further consideration at the next City Council Meeting. XIX. ADJOURNMENT Upon a motion by Finerty, second by Kroonen, and 5-0 vote of the City Council, Mayor Benson adjourned the meeting at 5:25 p.m. JEAN M. BENSON, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA