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HomeMy WebLinkAbout2012-04-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 26, 2012 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:04 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilmember Cindy Finerty Councilmember Jan C. Harnik Mayor Pro Tem William R. Kroonen Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Justin McCarthy, Assistant 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 Bill Sullivan, 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: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 628-120-011 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert Property Owner: Robert S. Rocke Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 On a motion by Finerty, second by Kroonen, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 3:05 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Jean M. Benson VII. INVOCATION - Mayor Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B A. PRESENTATION OF ANIMAL ADOPTION FEATURE. None B. GENERAL ORAL COMMUNICATIONS. None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE RICK LEBEL FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS PUBLIC SAFETY COMMISSION. On behalf of the City Council and as one of its liaisons to the Public Safety Commission, Councilmember Finerty presented the engraved crystal clock 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 to Mr. Lebel in appreciation for his 14 years of service on the Commission. She related that she was sad to see that Mr. Lebel was resigning from the Commission and believed it was probably a difficult decision for him since he'd been such an active member and great contributor at every meeting. However, she was certain that his next endeavor was going to greatly benefit from these talents. Additionally, she was always proud to thank those who serve as our first responders, where Mr. Lebel had very admirably served for many years and retired, now re-entering the field in another district. She hoped that Mr. Lebel wouldn't be a stranger and would continue his longtime friendship with the City. Mr. Lebel graciously thanked the City Council and staff for the opportunity to serve the Public Safety Commission, because it had been a real joy and a pleasure to do so over these 14 years. He offered that during that time, the City Councilmembers, City Managers, and City staff had all been wonderful to work with, and the City honors its Public Safety Commissioners by listening to and taking action on their recommendations. B. PRESENTATION OF PROCLAMATION DECLARING MAY 2012 AS "MENTAL HEALTH MONTH" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Spiegel presented the proclamation to Ms. Carole Schaudt, member of the Coachella Valley Mental Health Board, who thanked the City Council and staff for recognizing Mental Health Month in May. She added that Riverside County's Desert Board of Mental Health is hosting an art show and creative writing contest on May 8 at the Coachella Valley Arts Center in Indio, from 11:00 a.m. to 1:00 p.m. and invited all to attend. C. REQUEST FOR APPOINTMENT OF TIM SNYDER TO THE MARKETING COMMITTEE TO FILL THE UNEXPIRED TERM OF MICHAEL SHIMER. Councilmember Finerty asked if staff went through the list to check if any other restauranteurs had submitted an application. Ms. Klassen responded staff did check and believed it was the Marketing Committee liaison that made a selection. Councilmember Finerty stated Anita Owens-Decuir (Marketing Director) at Ruth's Chris Steak House did a lot of bookings for big groups, and she resides in Palm Desert where Mr. Snyder resides in Indio. Without getting into the politics of Ruth's Chris, she wondered if the Council should see if anyone else might be interested in this vacancy first as it did with other categories. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 Tourism & Marketing Manager Donna Gomez stated she was very familiar with Anita who is active in many aspects of the community. However, Mr. Tim Snyder specifically has taken a lead role in Restaurant Week and past efforts with the City to form a Restaurant Association. She has worked with Tim directly, but is aware of Anita's qualifications as well, because she is their Marketing Director. Councilmember Finerty stated that's why she thought of Anita, and she is a Palm Desert resident and might be the more appropriate person. Obviously, one could cover for the other, but the Council's primary goal is to always have a Palm Desert resident. Ms. Gomez stated Mr. Snyder has expressed a strong interest in serving. Councilmember Benson stated the Council has let people go that did not live in Palm Desert. Ms. Gomez stated living in Palm Desert was not necessarily a requirement on this Committee, but rather that they represent a specific business. Mayor Spiegel pointed out the Marketing Committee had quite a few members that didn't live in Palm Desert, i.e., the representative of Marriott Hotel and The Gardens on El Paseo. At this time, the City didn't know who will represent Westfield, but it's important that they be represented. Councilmember Finerty agreed that someone from Ruth's Chris would be a wonderful addition, but thought of Anita, because she has been involved with Marketing for them for a number of years. Ms. Gomez stated the Marketing Manager for Westfield will soon be resigning from the Committee, but initially the General Manager was and given the opportunity to first serve; however, he declined and preferred that his Marketing representative serve. She said the General Manager is given the option first, which has typically been the process. Councilmember Harnik stated Mr. Snyder is a very professional Restauranteur and agreed Anita did a great job as well. She said, following Councilmember Finerty's suggestion, she proposed appointing Mr. Snyder as the main member and Anita as their alternate. Mayor Spiegel noted Michael Shimer was being replaced because he's not with Tommy Bahama's any more, and he didn't live in Palm Desert. Councilmember Finerty stated she understood, but knew Anita was qualified. She said the Council didn't have an opportunity to interview, and she didn't know Mr. Snyder, but believed he was a fine gentleman and a great asset. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 However, the Council usually went through an interview process rather than just having the matter appear on the Agenda, which wasn't the normal protocol. Mayor Spiegel stated that because of the nature of the Marketing Committee, recommendations for appointment are often dealt with differently. Councilmember Harnik moved to, by Minute Motion, appoint Mr. Tim Snyder of Ruth's Chris Steak House to the Marketing Committee to fill the unexpired term of Michael Shimer (December 31, 2014), with the Marketing Director at Ruth's Chris to serve as his alternate to the Marketing Committee when he is unable to attend the meetings. Motion was seconded by Kroonen and carried by a 5-0 vote. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 12, 2012. Rec: Approve as presented. Approved 4-0-1 (Kroonen ABSTAINING) B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 227, 229, 230, 235, 236, and 237. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Red Barn, 73290 Palm Desert Drive, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by VP Clubhouse, 4001 Via Portofino, Palm Desert. Rec: Receive and file. E. PUBLIC SAFETY COMMISSION MINUTES for the Meeting of March 14, 2012. Rec: Receive and file. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 F. LETTER OF RESIGNATION from Jenna LeMaster - Marketing Committee. Rec: Receive with very sincere regret. G. LETTER OF RESIGNATION from Michael Shimer - Marketing Committee. Rec: Receive with very sincere regret. H. INDEPENDENT ACCOUNTANTS' REPORT on Agreed -upon Procedures Performed on the Measure "A" Transportation Fund for the Fiscal Year Ended June 30, 2011. Rec: Receive and file. I. REQUEST FOR APPROVAL of a Second, One-year Extension to the Contract with Southwest Aquatics for Lagoon and Water Features Maintenance Service Fiscal Year 2012-2013 in the Amount of $26,040 (Contract No. C29802). Rec: By Minute Motion: 1) Approve a second, one-year extension to the subject contract with Southwest Aquatics, Palm Desert, California, in the amount of $26,040 for Lagoon and Water Features Maintenance Services FY 2012-2013; 2) authorize the Mayor to execute said contract — funds are available in Account Nos. 110-4611-453-3320 - Repair/Maintenance Medians and 110-4614-453-3370 - R/M Medians. J. REQUEST FOR APPROVAL of the First, One-year Extension to the Contract with CleanStreet for Parking Lot Sweeping Services Fiscal Year 2012-2013 in the Amount of $27,664 (Contract No. C30661). Rec: By Minute Motion: 1) Approve the first, one-year extension to the subject contract with CleanStreet, Palm Desert, California, in the amount of $27,664 for Parking Lot Sweeping Services FY 2012-2013; 2) authorize the Mayor to execute said contract — funds are available in Account Nos. 110-4310-433-3320 - R/M Street; 110-4610-453-3321 - R/M Civic Center Park; 110-4611-453-3320 - R/M Parks -Other; 110-4614-453-3370 - R/M Medians -Other; 242-4549-454-3311 - R/M Aquatic Center; and Park View Office Complex and Presidents Plaza respective accounts. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 K. REQUEST FOR AWARD OF CONTRACT to Simon Contracting in the Amount of $33,225 for Construction of the 2012 Curb Ramp Modification Project (Contract No. C31710, Project No. 753-12). Rec: By Minute Motion: 1) Award the subject contract for Construction of the 2012 Curb Ramp Modification Project to Simon Contracting, Indio, California, in the amount of $33,225; 2) authorize the Director of Finance to set aside a 10% contingency for the contract in the amount of $3,322.50; 3) authorize the Mayor to execute said contract — funds are available in Account No. 110-4312-433-3320 and New Construction Tax Fund Account No. 231-4312-433-3320 - Curb and Gutter / ADA Retrofit. L. REQUEST FOR APPROVAL of a Construction Access Agreement Between the City of Palm Desert and Westin Desert Willow Villas at Desert Willow Golf Resort (Contract No. C31760). Rec: By Minute Motion: 1) Approve a Construction Access Agreement between the City and Westin Desert Willow Villas at Desert Willow Golf Resort; 2) authorize the Mayor to execute the agreement. M. REQUEST FOR APPROVAL of Contract with Dove Printing for Printing of the Bimonthly Bright Side Newsletter for Fiscal Year 2012-2013 with a One- year Extension Provision (Contract No. C31770). Rec: By Minute Motion: 1) Reject the low bidder, iColor Printing & Mailing, Torrance, California; 2) award the subject contract to Dove Printing, Palm Desert, California, for printing of the Bright Side Newsletter in the amount of $35,976 for FY 2012-2013, and include a one-year extension provision in the amount of $36,966; 2) authorize the Mayor to execute said contract— funds are included in the proposed General Fund Budget for FY 2012-2013, Account No. 110-4417-414-3026. Mayor Pro Tem Kroonen stated he would abstain from Item A, the Minutes of the April 12, 2012, Meeting, and requested that Item B be removed for separate consideration. Upon a motion by Finerty, second by Benson, and 5-0 vote of the City Council, with Kroonen ABSTAINING on Item A, the Minutes of the April 12, 2012, Meeting, and Item B removed for separate consideration, the remainder of the Consent Calendar was approved as presented. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 XI. CONSENT ITEMS HELD OVER B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 227, 229, 230, 235, 236, and 237. Mayor Pro Tem Kroonen inquired about the $250 warrant to Millers Driving School. Mr. Gibson responded the warrant is related to the Citizens on Patrol Program where members are required to go through a training class. Mayor Pro Tem Kroonen moved to, by Minute Motion, approve as presented the Claims and Demands Against the City Treasury. Motion was seconded by Finerty and carried by a 5-0 vote. XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1239 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE PALM DESERT ZONING MAP, CHAPTER 25.04.870 OF THE PALM DESERT MUNICIPAL CODE, FOR APNs 694-160-003 AND 694-200-001 PLANNED RESIDENTIAL - 5 (PR 5) TO PUBLIC INSTITUTION (P); FOR APN 620-400-028 SINGLE-FAMILY/MOBILE HOME RESIDENTIAL (R-1-M) TO PLANNED RESIDENTIAL - 5 (PR 5); AND FOR APN 628-120-001 HILLSIDE PLANNED RESIDENTIAL (HPR) TO OPEN SPACE (OP), Case No. GPA and C/Z 12-76 (City of Palm Desert, Applicant). Principal Planner Tony Bagato stated this was the second reading of the Ordinance with Exhibit C removed per Council's prior decision. This second reading will finalize the other changes of zone remaining. Councilmember Finerty moved to waive further reading and adopt Ordinance No. 1239. Motion was seconded by Kroonen and carried by 5-0 vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF GRANT FUNDING IN AN AMOUNT NOT TO EXCEED $75,000 TO THE BERMUDA DUNES LEARNING CENTER, PALM DESERT, TO FUND FACILITY IMPROVEMENTS AT 45-900 PORTOLA AVENUE (HOPE LUTHERAN CHURCH FACILITY) FROM THE CITY'S CHILD CARE DEVELOPMENT FEES FUND 228. Councilmember Harnik stated she would recuse herself from this item and left the Council Chamber. Project Coordinator Heather Buck stated this grant funding request to the Bermuda Dunes Learning Center (BDLC) is to construct facility improvements as required to open and operate a new child care facility at the Hope Lutheran Church, which is adjacent to the Washington Charter Elementary School. Since 2005, Child Care Mitigation Fees have been collected for new commercial development, and these impact fees are required to be spent on facility construction or improvements; the staff report includes a list of several facilities the City has funded in the past. The BDLC has operated in the Coachella Valley for almost 20 years and has received approval from Hope Lutheran Church to open a new child care facility within their former child care building. The BDLC will be open to the public and licensed for 60 children; the program will be secular and not affiliated with the church, and they have entered into a five-year lease. The staff report lists items requested for funding that include a fire alarm system, plumbing repairs, new energy efficient fixtures, and playground equipment, etc. The proposed Agreement states that the BDLC shall provide $10,000 toward tuition subsidies or 10% of enrollment at a 50% subsidy to Palm Desert residents with a five-year Operating Covenant. She offered to answer any questions and noted Executive Director Gayle Clark for Bermuda Dunes Learning Centers was also available. Mayor Pro Tem Kroonen moved to, by Minute Motion: 1) Approve a $75,000 grant to Bermuda Dunes Learning Center, Palm Desert, for facility upgrades; 2) appropriate $75,000 from the Child Care Mitigation Fund 228; 3) authorize the City Manager to execute the required agreement (Contract No. C31780). Motion was seconded by Finerty and carried by a 4-0 vote, with Harnik ABSENT. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 B. REQUEST FOR ADOPTION OF RESOLUTION TO SUPPORT THE CITY'S FY 2010 STATE HOMELAND SECURITY GRANT PROGRAM APPLICATION AND AUTHORIZE THE CITY MANAGER TO SIGN THE GRANT APPLICATION AND ALL OTHER GRANT DOCUMENTS, AND THE APPROVAL OF RELATED ACTION. Mr. Aryan stated there were additional monies from Fiscal Year 2010 State Homeland Security Grant that staff wants to use for another Community Emergency Response Team (CERT) course later this year. The City was approved for $8,800 in funding; therefore, staff is recommending approval to use such funds. Councilmember Finerty moved to: 1) Waive further reading and adopt Resolution No. 2012 - 25, supporting the City's FY 2010 State Homeland Security Grant Program Application and authorizing the City Manager to sign the Grant Application and all other Grant documents; 2) By Minute Motion, appropriate $8,800 from the Unobligated General Fund Account and transfer into Account No. 110-4130-411-3090 for this purpose. Motion was seconded by Kroonen and carried by a 5-0 vote. C. REQUEST FOR DIRECTION ON WHETHER OR NOT TO SUPPORT THE PROPOSED NAME CHANGE OF THE CHILDREN'S DISCOVERY MUSEUM OF THE DESERT. Mayor Spiegel noted that he and Councilmember Finerty attended a meeting in Rancho Mirage with the Cove Commission, and the other two cities agreed to the proposed name change. Mayor Spiegel moved to, by Minute Motion, support the proposed name change from "Cove Communities/Anita B. Richmond Children's Discovery Museum of the Desert" to the "Betty Barker/Anita B. Richmond Children's Discovery Museum of the Desert." Motion was seconded by Benson and carried by a 5-0 vote. D. REQUEST FOR AUTHORIZATION TO CONDUCT A SOLICITATION OF EVENT COORDINATORS TO PRODUCE A 5K WALK/RUN EVENT ON THANKSGIVING DAY UTILIZING EL PASEO. Senior Management Analyst Ryan Stendell noted the staff report and offered to answer any questions. Mayor Pro Tem Kroonen moved to, by Minute Motion, direct staff to conduct a solicitation of event coordinators for an annual event held on Thanksgiving Day on El Paseo. Motion was seconded by Harnik. Mayor Spiegel asked if there were any interested parties. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 Mr. Stendell stated staff took this direction, because over the years he's had calls from other event producers and charitable organizations inquiring about other opportunities on El Paseo. He said staff will reach out to all those interested parties with what is found to be the best solution. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. E. REQUEST FOR APPROVAL OF PURCHASE CONTRACT WITH CONSOLIDATED FABRICATORS IN THE AMOUNT OF $67,717.01 FOR 4-YARD SPLIT FRONT -LOAD DUMPSTERS FOR MULTI -FAMILY HOUSING COMPLEXES (CONTRACT NO. C31790). Ms. Riddle stated staff is requesting to utilize grant funds to purchase split dumpsters for the multi -family housing complexes that have small trash enclosures that cannot accommodate for separate trash and recycling; funds are available for this use. Staff requested for CalRecycle to reallocate those grant funds, and the request was approved. Councilmember Finerty moved to, by Minute Motion, authorize staff to purchase a quantity of 68, 4-yard split front -load dumpsters for multi -family housing complexes from Consolidated Fabricators, Van Nuys, California, in the amount of $67,717.01 from Account No. 236-4195-454-3090. Motion was seconded by Kroonen. Mayor Pro Tem Kroonen asked if the grant generalized to specific addresses or was it open to make assignments as available. Ms. Riddle answered yes to both, stating the City has addresses that need them, which have been tracked since implementing the program, but the total need is unknown at this time. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. F. REQUEST FOR APPROVAL OF A REVISED, NON -POTABLE WATER AGREEMENT BETWEEN THE COACHELLA VALLEY WATER DISTRICT AND THE CITY OF PALM DESERT FOR DESERT WILLOW GOLF RESORT (CONTRACT NO. C31800). Redevelopment Manager Martin Alvarez stated in 2010 the City and Coachella Valley Water District (CVWD) entered into an Agreement to provide the use of non -potable water at the golf courses at Desert Willow. The Agreement requires the City to utilize 80% non -potable water for both golf courses. A component of the Agreement sets aside a formula by which the water rate is calculated, and the proposed modification will allow the City to utilize the lower of two rates, one of which was established by pump efficiency testing, which is done annually. CVWD has allowed the City to use the bundled service average rate, which is issued by Southern California 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 Edison (SCE) to agricultural and pumping customers; the lower of the two rates. He said implementation of this Agreement will help reduce energy and pumping costs for a savings of $56,000. Councilmember Finerty moved to, by Minute Motion: 1) Approve a Revised Non -potable Water Agreement with Coachella Valley Water District (CVWD) for water services at the Desert Willow Golf Resort; 2) authorize the Mayor to execute said agreement. Motion was seconded by Kroonen and carried by a 5-0 vote. G. REQUEST FOR APPROVAL OF THE FIRST, ONE-YEAR EXTENSION OF CONTRACT WITH CLEANSWEEP ENVIRONMENTAL FOR COMMERCIAL AND RESIDENTIAL STREET SWEEPING SERVICES FISCAL YEAR 2012-2013 IN THE AMOUNT OF $129,402 (CONTRACT NO. C30651). Councilmember Finerty requested the vendor be thanked for keeping the cost the same. Councilmember Finerty moved to, by Minute Motion: 1) Approve the first, one-year extension of the subject contract with Lance Soares, Inc., d.b.a. CleanSweep Environmental, Rocklin, California, for Commercial and Residential Street Sweeping Services FY 2012-2013 in the amount of $129,402; 2) authorize the Mayor to execute said contract — funds are available in Account No. 110-4310-433-3320 - Street Repair and Maintenance. Motion was seconded by Kroonen and carried by a 5-0 vote. H. REQUEST FOR AUTHORIZATION TO PURCHASE A NEW AMBULANCE FROM FRAZER, LTD., IN AN AMOUNT NOT TO EXCEED $150,000 TO REPLACE CITY OF PALM DESERT MEDIC UNIT NO. 271. Mr. Aryan stated the purchase of the new ambulance is to replace Medic Unit No. 271; however, it will be a front-line ambulance serving Fire Station No. 33 (Town Center Station). Councilmember Finerty moved to, by Minute Motion: 1) Approve purchase of a new ambulance from Frazer, Ltd., Houston, Texas, in an amount not to exceed $150,000 to replace City of Palm Desert Medic Unit No. 271; 2) appropriate $150,000 from Equipment Replacement Fund 530 for the purchase of a new Frazer, Ltd., ambulance. Motion was seconded by Kroonen and carried by a 5-0 vote. I. REQUEST FOR DIRECTION ON THE MANNER IN WHICH TO ADDRESS CITY COUNCIL AND CITY MANAGER SALARIES. Councilmember Harnik suggested considering these two items separately, which all Councilmembers agreed. Mayor Spiegel stated the first item to consider were City Council salaries. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 Mayor Pro Tem Kroonen stated in the Budget Study Session not long ago one of the Councilmembers brought up the topic of City Council salaries with a seemingly spontaneous expression that the Council should take a 25% to 50% reduction in remuneration. That statement prompted him to review the minutes of past City Council meetings over the past decade or so related to this topic. He discovered, for whatever reason, there have been a sporadic and rather impulsive approach to this important topic. It seemed figures have simply been tossed out and placed on the table and acted on without apparent consideration or related data compared to/or otherwise without public input. Having made this observation, he felt it was appropriate to invite a small group of local individuals representing a variety of experiences and talents to look into this topic and return to this Council with data base recommendations as to an appropriate level of remuneration for Council services. He felt such individuals must be locally available and be willing to serve. Further, he would like to get moving with this review in an expeditious manner with their findings in the form of recommendations to be available within just a few weeks and hopefully prior to the adoption of next years budget. He quickly pointed out that a healthy salary and benefit package should be available to Councilmembers and that no prospective candidate should be excluded from the opportunity to serve because of financial considerations. Members of the Council spend much more time and can easily be observed by others in their pursuit for the related meetings. Nonetheless, he felt a review of this topic was in order. Mayor Pro Tem Kroonen moved to, by Minute Motion, establish an impartial local citizens' committee to provide objective recommendations on City Council compensation in an expeditious fashion in order to coincide with enactment of the Fiscal Year 2012-2013 Budget. Councilmember Finerty stated she was the one that made the seemingly spontaneous comment for a 50% reduction, which would take the Council back to its 2007 salary when some Councilmembers voted to increase it by 100%. Mayor Spiegel pointed out the vote was 4-1. Councilmember Finerty agreed, stating she was the one that voted against the increase and has been consistent if nothing else. Councilmember Benson stated that any raises that came prior to 2007 were within State guidelines, they were not made Helter Skelter by the Council. In fact, for several years it didn't take its annual 5% increase until it was called to their attention. She said the City Attorney brought the Council's salary up-to-date with the rest of the cities in California. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 Councilmember Finerty stated the staff report included an article by the Los Angeles Times, and if the Council wanted to go by the State guidelines, the salary for Palm Desert should be $20,318, which was a far cry from the current salary. Mayor Pro Tem Kroonen stated his point was that all the available data needs to be reviewed, the contrast and comparisons. He said the Council can enable that by having local citizens, some of whom already expressed an interest in serving as he reviewed this morning's newspaper. Councilmember Harnik agreed a committee would serve the Council in the best fashion, stating the City needed a group of impartial committee members who are well acquainted with the community and understand what it takes to do the job well. She said the City has suffered with allegations of past abuse on the Council and it needed to regain community and public trust. The current pay scale has been in place since 2007, and there has been ample opportunity to adjust it or address it, but the Council didn't until this election year. She proposed that the politics be taken out, move forward with an impartial committee to make a recommendation to the Council so it can make a determination. Councilmember Finerty stated there was no politics involved, but Assembly Bill 109 (AB 109) and the dismantlement of Redevelopment was involved, which couldn't have been foreseen by Councilmembers in previous years. Additionally, she voted against the 100% increase on two separate occasions and was outvoted 4-1, so there was no need to bring the issue up. Further, she resented the comment that it was brought up for political purposes, because it was un-based. Councilmember Harnik stated that if the amount was that egregious, it could have been brought up at any number of public study sessions, but it never was. It wasn't until this last study session that the topic was brought up for the first time. If anything, because of the dismantlement of Redevelopment, the Council's job is bigger and Economic Development is more important than ever. She supports moving as quickly as possible with a committee and getting result expeditiously. Councilmember Benson agreed something needs to be done, but she was not in favor of a citizens' committee. She said Councilmembers are elected to make decisions, and the community expects that of the Council. She said it was a no-brainer to figure out salaries need to be cut, but if the Council can't figure that out and make a decision, then there is something wrong. She said if the Council needs to have somebody else's input, then it's not thinking for itself, which to her, was another step Palm Desert was going down the drain. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 Mayor Pro Tem Kroonen stated it was incumbent upon all Councilmembers at all times to have an ear to the ground and to be listening to the people that elected the Council. He was not so sacrosanct to think he could sit on the dais and be almighty and know all the answers to every question. He admits to everyone in the audience and anyone who may read the minutes of this meeting that he solicits, asks, and begs for public input on issues of this importance. Mayor Spiegel pointed out that Palm Desert's City Council salaries cost its residents 92 cents a year. In Rancho Mirage it cost their residents $1.81 a year, and Indian Wells is $45.91 a year, which is how the figures pay out. Additionally, he said Councilmember Finerty had suggested that the Mayor should not have a fax machine, which he was working to get rid of, but it was provided for the entire City Council. He noted Councilmember Benson used it once as well. Further, he understood Councilmember Finerty was going to China on the City's dollar. Councilmember Finerty responded she was not going anywhere. She went on to say when the Council had an issue with how much was spent with regard to hotels, vehicles, and per diem, the City used the IRS guidelines. She asked the Finance Director why the Council couldn't simply use the State guideline for the Council's salary, which is $20,318 a year. Mr. Gibson responded the question may have to be directed at the City Attorney, because he's the one that made a determination on those issues at that time. Mayor Pro Tem Kroonen stated it placed staff in an awkward position to respond to such question, because it was a judgmental question that the Council will make a determination, and staff was soliciting input from the Council on the very issue. Councilmember Finerty reiterated that when there was an issue about the amount spent on travel, the Council followed the IRS guidelines, which seemed to make a lot of sense to many at that time. Therefore, if there is already a State guideline in place for each City, why wouldn't this Council simply follow it. Mayor Pro Tem Kroonen questioned why Councilmember Finerty didn't bring up that factor when she made the suggestion of a 25% to 50% reduction. He couldn't recall her saying anything about the guidelines. Councilmember Finerty responded she had just noticed those guidelines in the staff report, and her proposed reduction in salary fell within the IRS guidelines. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 Mayor Pro Tem Kroonen stated there was quite a lot of information available on this issue to be considered by an objective group that can return to the Council with a recommendation. Councilmember Harnik seconded the motion. Councilmember Finerty questioned how one can possibly vote on a committee without knowing whom the members are. Councilmember Harnik responded the same way it established a Marketing Committee or any of the others where the members are announced at a later date. Councilmember Finerty said it was absolute nonsense that certain members can vote themselves a 100% increase, yet don't have the courage to follow State guidelines and need other people to tell them what to do. Councilmember Harnik pointed out that since 2007 the Council had an opportunity to change it, and it didn't. Therefore, she was in favor of going to a committee with members from the community, taking the politics out, and getting this done quickly. Mayor Spiegel called for the vote, and the motion carried by a 3-2 vote, with Benson and Finerty voting NO. Councilmember Finerty asked the City Attorney how the members for this committee will be chosen. Mr. Erwin said it was for the City Council to decide. He explained that a Committee is usually appointed by the Mayor subject to the approval of the Council. Responding to question, Mayor Spiegel said the plan is to return to the Council with the names of the members in two weeks, and they will either be approved or not. Councilmember Benson stated there should be no Councilmember input on who the members are for that citizens' committee. Mayor Spiegel said the Council can provide all the input it wished. Councilmember Benson said that would be stacking the committee. Mayor Pro Tem Kroonen said the list will come back to the Council for approval so it can't be partial to anyone in particular. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 Councilmember Finerty said the Council needed to delineate salary, health benefits, pension benefits, and any other benefits received. Mayor Pro Tem Kroonen stated the motion has been enacted and guidelines have been set up whereby recommendations will be made for committee membership, which will be addressed by the Mayor and presented to the Council. Councilmember Finerty said the Council hasn't delineated specifically what will be looked at, and health insurance needs to be included if there will be meaningful review as suggested. Councilmember Benson stated she didn't see any guidelines that the committee members will follow. Councilmember Harnik pointed out the report only states salaries. She asked Councilmember Finerty if she was suggesting that it be placed on a future agenda. Councilmember Finerty stated technically health benefits are approximately 50% of a salary and wondered if the Council needed to spell out what the citizens' committee will be looking at, and questioned whether it can be voted on at this meeting. Mr. Erwin said this item is limited to the compensation issue and should be an agenda item for the next meeting. Mayor Pro Tem Kroonen stated the language he used was for salary and benefit package, and all angles of it should be reviewed for a total remuneration package, which was his intention. Mr. Erwin asked the City Clerk to note the amendment and asked the Council to vote again to make sure everyone had the same understanding. Mayor Pro Tem Kroonen moved to, by Minute Motion, direct that the aforementioned impartial local citizens' committee provide objective recommendation on a total package of compensation and benefits for City Councilmembers. Motion was seconded by Harnik and carried by a 3-2 vote with Finerty and Spiegel voting NO. Mayor Spiegel said the Council will now consider the City Manager's salary and asked Mr. Wohlmuth if he had any comments. Mr. Wohlmuth answered no. Councilmember Benson stated since the Council couldn't make a decision on it's own salary, why not have a citizens' committee for the City Manager. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 Mayor Pro Tem Kroonen responded it was within the purview, expectation, and realm of the responsibility of the City Council to establish the City Manager's salary, which was very typical in organizations of this type, including school and city organizations where the elected body is the body that hires its single most important person. In many cases, the only hire that is being made, because the delegated responsibility to that CEO position is to make other appointments and hires. He felt strongly that the decision should be made collectively by a majority of this Council. Councilmember Finerty said she was in favor of a citizens' committee, because apparently there is no confidence on the balance of the Council to come up with its own salary; therefore, it must put into question its competence to come up with a salary for the City Manager. Councilmember Harnik stated there was no question for her, because the structure was very much the same as with any corporation with the Board determining the CEO salary, which is exactly what was being done here today. Therefore, she was in favor of the Council continuing to determine how the City Manager's salary is determined, which she proposed to leave as is. Councilmember Harnik moved to, by Minute Motion, authorize the City Council to continue to determine the City Manager's salary and do so as it currently stands, $230,048 per year. Mayor Spiegel pointed out Palm Desert City Manager's salary is $230,000 annually, Palm Springs Manager is $248,000, Coachella is $217,000, and the cities of La Quinta and Indian Wells don't have one. Councilmember Finerty said La Quinta and Indian Wells did have pricey salaries at one time. Mayor Pro Tem Kroonen seconded the motion, and it carried on a 3-2 vote, with Benson and Finerty voting NO. XV. CONTINUED BUSINESS None 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 XVI. OLD BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTION NO. 2012 - 23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING A PORTION OF THE FRONTAGE ROAD ALONG THE EAST SIDE OF HIGHWAY 74 AS PART OF THE APPROVED HOTEL AND CONDOMINIUM PROJECT KNOWN AS ROSEWOOD, UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA (PDH Partners, LLC, Applicant). Mr. Erwin noted one or more Councilmembers received a packet of material on their desk this afternoon prior to the City Council meeting with an unsigned memo making a threat if they didn't vote correctly. He advised the Council for their action to be based upon the staff reports and hearing held at the prior meeting. He said since this was an unsigned memo offering a threat to release information, which he had not reviewed, he asked the Council to disregard that packet. He said this Council did not operate in that manner, and it was the first time in his experience in this City that this type of communication has been communicated, which he thought was uncalled for. Further, he asked Mayor Pro Tem Kroonen, who was not present at the last meeting, if he reviewed the minutes and tapes of the last public hearing on this item. Mayor Pro Tem Kroonen answered yes. Principal Planner Tony Bagato noted this was a continued item. He said a motion to continue the public hearing was made at the last meeting, but it was unsuccessful; therefore, the item was continued and moved to Old Business on the Agenda. Technically, the public hearing has been closed. He said the Rosewood project was approved in August 2011, and the Street Vacation was shown as part of the approval. In the Development Agreement it was approved with a condition under Section 1.4.6 that requires the road not to be dedicated until the first building permit is issued, thereby protecting the City. He noted previous staff reports outlined the findings to show consistency with the General Plan as the hotel was being approved; therefore, staff recommended approval. He offered to provide the previous presentation or answer questions. He noted the Applicant was present to answer any questions as well. Mayor Spiegel asked if the developer wished to address the Council. The Applicant declined on the invitation. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 MS. LESLEY MILLER, Bel Air Road, Palm Desert, CA, stated she was present at the last hearing. She noted there were no homeowners at the last hearing speaking in favor of the project. However, she and others are very much in favor of the hotel. She is supportive of the shopping area on El Paseo, the restaurants coming in, and saw no down side to this situation. She is interested in presenting a business friendly reputation to the community in general, but felt there were some very aggravating comments made by Councilmember Finerty when she used the word "bunk" when referring to California Law. As a California attorney, she considers that comment addressed to California Law and to the City of Palm Desert, because after all the developers were asking for something that is required under California Law, which is the right of way on frontage road, and should have been perceived as part and parcel of the overall approval. However, the law requires a separate hearing. Therefore, to say a separate hearing is required under California Code is "bunk" is very offensive to the law. It seemed to her it was a way to end run the overall approval of the hotel to try to purport that there was a denial of Part B, when Part A, the hotel in general, had been approved. She was in favor of the development as the City needs the revenue due to the loss of redevelopment monies, and she didn't perceive any reason to vote against the request. Councilmember Finerty responded she did say it was a bunch of "bunk," because when the Council went through the first approval process, the Council was told by Mr. Joblon that there was a list, which he supplied in writing, of people that were ready to basically finance the project and all that was needed was the approval that night. She questioned the list because some of them had the exact same verbiage on each letter and some came without the benefit of a letterhead. And now to say that nothing can be done without this other part, she wasn't buying either. Therefore, according to Ms. Miller's comments, Mr. Joblon misspoke, and he should have intended to, that not only are people willing to finance it, but they need to have the frontage road as well. She said she didn't want the City to lose money on the frontage road and that was a concern. MS. MILLER responded she understood, but the law required a separate hearing, and anyone in Real Estate development should know that the financing has to follow the general approval. You can't get something completely financed without all the pieces to it and without knowing that the City is behind it. Her argument would be that they have to know the City is fully behind the project, otherwise, what financing company would ever commit to a huge project, particularly when there are vague terms, such as the current market value of frontage road that has to be determined. And perhaps there is an intentional or unintentional delay on the approval, when everybody would acknowledge there is a fluctuating value in this economic climate. If there had been a successful effort to delay the approval and 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 therefore delay the financing entity's final approval, which would arguably cost a considerable amount of money in addition. Councilmember Finerty pointed out the Development Agreement has up to ten years, and the market value can vary a lot in ten years. Councilmember Harnik moved to waive further reading and adopt Resolution No. 2012-23. Motion was seconded by Kroonen and carried by a 3-2 vote, with Benson and Finerty voting NO. XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period April 4 - 17, 2012. Mr. Wohlmuth called attention to the Meeting Summary Report provided in the agenda packets. Councilmember Harnik noted the April 12 Meeting with Mr. Grance regarding the Sandpiper sewer issue, acknowledging that it had been an ongoing matter. She asked if anything had been resolved or if there was any direction for the residents there. Mr. Wohlmuth answered that the issue seems to be CVWD's (Coachella Valley Water District), its requirements and method of inspection of the particular home in question. Confirming with Mr. Grance, he understood the sewer lateral to the main sewer line has been corrected by the original contractor on that home. Further, he's communicated with CVWD that there will have to be policies in place by CVWD so that this doesn't occur again — either through inspection or adequate sizing of laterals to the main. Mr. Erwin added that this week he was sending a letter to the homeowners who raised the issue, and it would explain the difference between the regulations that govern the City, which is the California Plumbing Code, and there is a specific provision in that Code stating, in effect, that if the Water District has different regulations, its regulations apply. He said the letter offered to provide further information, although it goes into detail about the regulation. He said it is ultimately CVWD's sewer and their regulation applies. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 2. Consideration of Attendance by Staff and Councilmember Representation at the Bermuda Dunes Community Council Meeting on Thursday, May 10, 2012, at 6:00 p.m., Bermuda Dunes Community Service Center, 78-400 Avenue 42. Mr. Wohlmuth noted the subject meeting, which happens to be the same day as the next City Council Meeting, where the City of Palm Desert has been requested to attend. He'd asked Director of Community Development Lauri Aylaian to attend. Since it starts at 6:00 p.m., he was concerned about overlap between the conclusion of the City Council Meeting and the Bermuda Dunes Meeting. If any Councilmembers wished to attend, let him know, and he would notify the Bermuda Dunes Community Council. Mayor Spiegel stated he would like to attend the Bermuda Dunes Meeting, but he didn't want to attend until the City Council Meeting was finished, and Mr. Wohlmuth agreed to relay that message. Councilmember Harnik also offered to attend the Bermuda Dunes Meeting, if time permits. B. CITY ATTORNEY None C. CITY CLERK 1. Reminder City Council Study Session Regarding the Fiscal Year 2012-2013 Budget on Monday, April 30, 2012, at 10:00 a.m. in the Administrative Conference Room. Councilmembers noted the scheduled Study Session. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Reauests for Action: None 2. City Council Consideration of Travel Reauests and Reports: None 3, City Council Committee Reports: a) Council Liaison Alternates — Councilmember Harnik reminded her colleagues that a majority of the City's Committees and Commissions have appointed Council Liaisons. Additionally, she credited then -Mayor Pro Tem Spiegel for proposing that most of these appointments have one, if not two alternates appointed from the Council. So if the appointed Councilperson for a specific Committee or Commission is unable to attend, it would be appropriate to call on the appointed alternate representative to represent the City at the meeting. 4. City Council Comments: a) Arbor Dav Event at the Civic Center — Councilmember Harnik commended staff who organized last Saturday's Arbor Day celebration. She noted that both Mayor Spiegel and Mayor Pro Tem Kroonen got to enjoy the event, and she called attention to the new trees planted along the walkway to the Council Chamber. She said everyone did a great job, the Boy Scouts helped planting the trees, and it was a super day. b) The Livina Desert — Mayor Spiegel reported that The Living Desert was bringing in 15 dinosaurs for eight months beginning this fall. He said it was anticipated that this exhibit will increase attendance dramatically. He was unsure whether or not the dinosaurs would be animated but was sure that they weren't alive. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2012 5. Suaaested Items for Future Citv Council Meetina Aaendas: None XIX. ADJOURNMENT On a motion by Kroonen, second by Finerty, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting at 5:07 p.m. ATTEST: RA HE LE D. KLASSE , CITY CLERK -- CITY OF PALM DESERT, CALIFORNIA /?, ROBERT A. SPPGIMAYOR 24