HomeMy WebLinkAbout2012-02-23MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, FEBRUARY 23, 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 3:00 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
Janet M. Moore, Director of Housing
Mark Greenwood, Director of Public Works
Frankie Riddle, Director of Special Programs
J. Luis Espinoza, Assistant Finance Director
Stephen Y. Aryan, Risk Manager
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
Reauest for Closed Session:
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
1) Property: APNs 627-071-070, 627-071-069, 624-071-067, 627-071-
068, 627-071-071, 627-074-014, 627-092-043, 694-200-001,
694-160-003, 640-370-016, 694-310-002, 694-310-003, 694-310-005,
694-310-004, 694-300-005, 694-300-001, 694-300-006, 694-300-002,
694-300-007, 694-190-005, 694-190-006, 694-190-007, 694-190-013,
694-190-014, 694-190-016, 694-200-003, 694-200-004, 694-200-006,
694-200-007, 694-200-011, 694-200-012, 694-200-022, 627-101-002,
627-101-017, 627-101-033, 627-101-038, 627-101-039, 627-262-008,
627-262-011, 630-250-022, 627-102-017, 637-033-001, 628-120-001,
Partial 637-071-002, 622-200-053, 622-200-054, 622-200-056,
627-102-019, 627-232-005, 620-450-011, 620-450-015, 620-450-021,
620-400-028, 620-400-025, 620-400-026, 620-400-010, 620-420-008,
620-450-012, 620-450-013, 620-450-014, 620-450-016, 620-450-017,
620-450-018, 620-450-020, 620-430-024, 620-430-025, 620-370-002,
620-370-003, 620-370-004, 620-370-017, 620-370-018, 620-370-020,
620-370-033, 620-370-043
Negotiating Parties:
Agency: John M. Wohlmuth/Justin McCarthy/Ruth Ann Moore/
City of Palm Desert
Property Owner: Successor Agency to the
Palm Desert Redevelopment Agency
Other Parties: Oversight Board
Under Negotiation: x Price x Terms of Payment
2) Property: APN 640-140-019
Negotiating Parties:
Agency: John M. Wohlmuth/Justin McCarthy/Ruth Ann Moore/
City of Palm Desert
Property Owner: City of Palm Desert
Under Negotiation: x Price x Terms of Payment
B. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
C. Public Employment pursuant to Government Code 54957:
Title of Position: City Manager
On a motion by Kroonen, second by Finerty, and 5-0 vote of the City Council,
Mayor Spiegel adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the
meeting at 4:00 p.m.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
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 Robert A. Spiegel
VIII. ORAL COMMUNICATIONS - B
A. PRESENTATION OF ANIMAL ADOPTION FEATURE.
MR. FRED SAUNDERS, Animal Samaritans, presented two, two -year -old
Chihuahua -mix siblings, "Bonnie and Clyde," both spayed/neutered,
vaccinated, and ready for adoption at their facilities. He noted that because
they are quite attached to one another, it would be preferable if the two could
be adopted together. In response to question, he said the charge for
adoption is $100/dog; however, if they were adopted together, a nice
discount would be offered.
Councilmember Finerty pointed out that City of Palm Desert residents can
be reimbursed for adoption fees.
MR. SAUNDERS went on to say that his organization accepts animals from
the City -County Shelter (Coachella Valley Animal Campus [CVAC]) and
works to get adoptive homes through their offices or through various local
rescue groups. He said over 1,200 have been rescued in 10 months' time,
with intentions to rescue 1,500 by the end of 12 months, lowering the
euthanasia rate at the CVAC by 15% - 16%. He commended the program,
thanking the Cities of Palm Desert and Rancho Mirage for their support of
this effort. Animal Samaritans Adoption Line telephone is (760) 343-3477,
Option No. 4.
B. MR. DONALD GRIFFITH, President of the Desert Sands Unified School
District, invited City Council and all Palm Desert citizens to participate in the
"Read Across America" event on March 2, which is Dr. Seuss's birthday. He
said it would be celebrated at most of the District's Elementary Schools, and
today he brought each Councilmember one children's book that they can
take and read to the kids or keep for themselves. He went on to thank the
City Council for all the things it does for Palm Desert schools, especially the
joint use with parks and playgrounds. Additionally, he invited
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
Councilmembers and everyone interested to two sports events at
Palm Desert High School this Friday: 1) Girls Soccer Team playing in the CIF
Semi-finals, scheduled for 3:00 p.m. (possibly 4:00 p.m. or 5:00 p.m. at the
City's Soccer Park due to PDHS fields being under construction); 2) Boys
Basketball Team playing in CIF Semi-finals at 7:00 p.m. in the brand new
gym. He encouraged all to come out and see the new High School facilities
and support public schools.
MR. LEW STEWART, Palm Springs, CA, quoted: "First they came for the
Socialists, and I did not speak out, because I was not a Socialist. Then they
came for the Unionists, and I did not speak out, because I was not a
Unionist. Then they came for the Jews, and I did not speak out, because I
was not a Jew. Then they came for me, and there was no one left to speak
for me." He shared the passage from Martin Niemoller to remind everyone
that it is our responsibility as citizens to speak out when we witness an
injustice. He said we may be fearful that we will be persecuted, prosecuted,
or ostracized for exercising our constitutionally -protected right of free speech,
but we must. He cautioned that if we do not, we may someday find
ourselves in the position of scapegoat with no one to speak for us and no
right of free speech for anyone. He stated that the City Council continues to
persecute five brave people who gathered together to speak out against
political corruption at all levels in our nation. He said City funds were wasted
to deny these prisoners of conscience their rights of free speech and free
assembly and subjected the City to untold future liability - for what purpose?
He asked how this continuing misuse of authority benefits the residents of
Palm Desert. Eventually, he said the full story of this suppression of civil
liberties will be told; and at that time, perhaps there will be no one to speak
for those who are so eager to deny others their rights now.
MS. CAROLYN KRAUSE, La Quinta, CA, stated the New York Times
reported today that the American Civil Liberties Union (ACLU) filed a lawsuit
against the University of California, Davis, on behalf of 19 students and
alumni who had their civil rights violated in an Occupy demonstration. She
said Occupy Coachella Valley has requested that the ACLU of Southern
California file a similar lawsuit here based on these points of law (which she
referred to in the paperwork she was holding) that have not been reported
in the local media. They were puzzled as to why the City of Palm Desert
continues its vendetta against the "Coachella Five;" as they see it not serving
the public interest of Palm Desert citizens. She asked whose agenda was
being served and what the point was of hiring a private law firm to collect a
$50 infraction ticket. She asked whose ideology the City Council was
representing and if it was really the best policy for the taxpayers of
Palm Desert.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
MS. PATRICIA KOVNER, Palm Desert, read the First Amendment to the
Constitution in hopes that it would never be forgotten. "Congress shall make
no law respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press; or of
the right of the people peacefully to assemble, and to petition the
government for a redress of grievances."
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of February 9, 2012.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 164, 168, 170, 173, 174, 177, 178, 183, and 184.
Rec: Approve as presented.
C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months
of September 2011, October 2011, and November 2011 (Joint
Consideration with the Successor Agency to the Palm Desert
Redevelopment Agency).
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Clementine,
72-990 El Paseo, Suite Nos. 3, 4, 5, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sammy's
Woodfired Pizza & Grill, 73-595 El Paseo, Suite No. B2208, Palm Desert.
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
F. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Audit, Investment & Finance Committee Meetings of September 27,
2011, October 25, 2011, and November 22, 2011.
2. Citizen's Sustainability Committee Meetings of May 26, 2011, July 13,
2011, and October 19, 2011.
3. Parks & Recreation Commission Meeting of January 10, 2012.
4. Public Safety Commission Meeting of December 14, 2011.
Rec: Receive and file.
G. REQUEST FOR APPROVAL of an On -call Professional Services Agreement
with Adjusters International for Post -disaster FEMA Grant Management
(Contract No. C31610).
Rec: By Minute Motion, approve an on -call, contingency Professional
Services Contract with Adjusters International, Utica, New York, for
FEMA Grant Management Consulting — no fiscal impact unless City
elects in the future to utilize such services for FEMA costs recovery.
H. REQUEST FOR APPROVAL of Agreement with Crossroads Software, Inc.,
for Hosting and Managing a Secured Website for Dissemination of Traffic
Collision Reports to Authorized Persons and Entities (Contract No. C31620).
Rec: By Minute Motion, authorize the City Manager to execute agreement
with Crossroads Software, Inc., Brea, California, for hosting and
managing a secured website for the dissemination of traffic collision
reports — no direct fiscal impact to the City.
I. REQUEST FOR APPROVAL of Change Order No. 2 — Contract
No. C28723 — Maintenance Services for the City of Palm Desert's
Permanent Public Art Collection and the El Paseo Invitational Exhibition for
the Period of June 1, 2012 - May 31, 2013.
Rec: By Minute Motion, approve Change Order No. 2 in the amount of
$39,870 to extend the subject contract with Same Day Express,
Palm Desert, California, for one year (third and final) for the period
of June 1, 2012 - May 31, 2013, to provide Maintenance Services for
the City of Palm Desert's Permanent Public Art Collection and the
El Paseo Invitational Exhibition — funds are available in Account
N o . 436-4650-454-3372.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
J. CONSIDERATION of Legislative Review Committee Recommendation to
Support the Earthquake Insurance Affordability Act (H.R. 3125 and S. 637).
Rec: By Minute Motion, concur with the recommendation of the Legislative
Review Committee and approve a letter of support for the Earthquake
Insurance Affordability Act (H.R. 3125 and S. 637).
K. CONSIDERATION of Legislative Review Committee Recommendation to
Support the California Desert Protection Act of 2011 (S. 138).
Rec: By Minute Motion, concur with the recommendation of the Legislative
Review Committee and approve a letter reaffirming support for the
California Desert Protection Act of 2011 (S. 138).
L. CONSIDERATION of Legislative Review Committee Recommendation to
Support the Violence Against Women Reauthorization Act of 2011 (S. 1925).
Rec: By Minute Motion, concur with the recommendation of the Legislative
Review Committee and approve a letter of support for the Violence
Against Women Reauthorization Act of 2011 (S. 1925).
M. CONSIDERATION of Legislative Review Committee Recommendation to
Support SB 654 (Steinberg) — Redevelopment Agencies' Housing Funds.
Rec: By Minute Motion, concur with the recommendation of the Legislative
Review Committee and approve a letter of support for
SB 654 (Steinberg).
N. CONSIDERATION of Legislative Review Committee Recommendation to
Support AB 593 (Ma) — Victims of Domestic Violence.
Rec: By Minute Motion, concur with the recommendation of the Legislative
Review Committee and approve a letter of support for AB 593 (Ma).
O. REQUEST FOR APPROVAL of Out -of -State Travel for Landscape Specialist
to Attend the Annual International Society of Arboriculture Conference in
Portland, Oregon, August 11 - 15, 2012.
Rec: By Minute Motion, authorize the Landscape Specialist to attend the
Annual Conference of the International Society of Arboriculture (ISA)
in Portland, Oregon, August 11 - 15, 2012, at a cost of $530 — funds
are available in Account No. 110-4614-453-3120 — Landscape
Services - Conferences/Seminars/Workshops.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
P. REQUEST FOR AUTHORIZATION to Accept and Execute Any Related
Documents for Award of a FY 2011 Homeland Security Grant Program
(HSGP) in the Amount of $7,814 for a Community Emergency Response
Team (CERT) Training Course.
Rec: By Minute Motion: 1) Authorize City Manager to execute the FY 2011
Grant Assurance document for award of a Homeland Security Grant
Program (to conduct a CERT Class) and any other future related
documents associated with this grant; 2) appropriate an amount not
to exceed $1,000 from the Unobligated General Fund Reserves for
any costs associated with the CERT Class above the grant award
amount of $7,814.
Q. INFORMATIONAL REPORT on the 2011 Holiday Theft Suppression
Program.
Rec: Receive and file.
Upon a motion by Kroonen, second by Finerty, and 5-0 vote of the City Council,
the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
None
XII. RESOLUTIONS
A. RESOLUTION NO. 2012 - 09 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING
RESOLUTION NO. 07-66 AND ELIMINATING COMPENSATION FOR
MEMBERS OF THE PLANNING COMMISSION.
Ms. Aylaian noted this item was addressed and discussed by the Planning
Commission at their meeting on Tuesday, and they, to a person, all said
thank you to the City for the payment they had received to date; however
they were not in it for the money because they enjoyed serving their
community and did not need dinner to be provided in lieu of a fee.
Councilmember Finerty moved to waive further reading and adopt Resolution
No. 2012-09. Motion was seconded by Kroonen.
Mayor Pro Tem Kroonen asked that the City Council's appreciation for their
understanding in this situation be conveyed to the Planning Commission.
Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
B. RESOLUTION NO. 2012 - 10 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE MAP
OF PARCEL MAP NO. 36137 (Poul Moller/Moller's Garden Center,
Applicant).
Mr. Greenwood noted the staff report and offered to answer questions.
Councilmember Finerty moved to waive further reading and adopt Resolution
No. 2012-10. Motion was seconded by Kroonen and carried by a 5-0 vote.
XIII. ORDINANCES
A. For Introduction:
None
B. For Adoption:
1. ORDINANCE NO. 1233 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
CHANGES OF ZONE FOR 22 PROPERTIES THROUGHOUT THE
CITY IN ACCORDANCE WITH CALIFORNIA STATE LAW TO
COINCIDE WITH THE RECENTLY UPDATED 2011 HOUSING
ELEMENT.
Assistant Planner Kevin Swartz noted this was the second reading of
the Ordinance and staff recommended approval.
Mayor Pro Tem Kroonen moved to waive further reading and adopt Ordinance
No. 1233. Motion was seconded by Harnik and carried by a 4-1 vote, with Finerty voting
NO.
XIV. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION TO TERMINATE CONTRACTS WITH
MERCHANTS LANDSCAPE SERVICES, INC., FOR LANDSCAPE
MAINTENANCE AREA NOS. 1, 16, 17, AND 18 EFFECTIVE JUNE 30,
2012, AND AUTHORIZE STAFF TO GO OUT FOR BID FOR THESE
LANDSCAPE MAINTENANCE AREAS.
Mayor Spiegel asked if staff felt the vendor wasn't doing a great job.
Landscape Manager H. Spencer Knight responded they are only delivering
part of what they were contracted to do and have no interest in stepping up
in fulfilling the contract. Further responding, he said the vendor was aware
of staff's recommendation, because they were notified prior to the meeting.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
Mayor Pro Tem Kroonen moved to, by Minute Motion: 1) Effective June 30, 2012,
terminate, without cause, the following Landscape Maintenance Area (LMA) Contracts with
Merchants Landscape Services, Inc., Santa Ana, California: a) Contract No. C30760 - LMA
No. 1 (Project No. 901-11); b) Contract No. C30810 - LMA No. 16 (Project No. 916-11);
c) Contract No. C30820 - LMA No. 17 (Project No. 917-11); d) Contract No. C30830 - LMA
No. 18 (Project No. 918-11); 2) authorize staff to go out for bid for LMA Nos. 1, 16, 17, and
18. Motion was seconded by Finerty and carried by a 5-0 vote.
B. REQUEST FOR APPROVAL OF THE PURCHASE AND INSTALLATION OF
A SINGLE -VAULT, PREFABRICATED RESTROOM FROM CXT
INCORPORATED, AND THE ASSOCIATED LANDSCAPE
IMPROVEMENTS AT CAHUILLA HILLS PARK IN AN AMOUNT NOT TO
EXCEED $31,380.56 (CONTRACT NO. C31630, PROJECT NO. P714-11).
Landscape Manager H. Spencer Knight stated this was a request for a
restroom at Cahuilla Hills Park. There has been an increase of usage with
the pickleball activities; therefore, staff felt it was pertinent to provide
restroom facilities. Further responding, he confirmed the Parks and
Recreation Commission asked that this item be brought before the City
Council.
Councilmember Harnik stated she liked that the price was half what was
originally intended.
Mr. Knight explained it was because staff switched from a two -holder to a
one -holder restroom.
Councilmember Finerty moved to, by Minute Motion, approve the purchase and
installation of a single -vault, prefabricated restroom from CXT Incorporated,
Spokane Valley, Washington, and associated landscape improvements at Cahuilla Hills
Park in an amount not to exceed $31,380.56 — funds are available in Account
No. 430-4628-454-4001 - Park Facilities/Cahuilla Hills. Motion was seconded by Benson.
Mayor Pro Tem Kroonen admitted he didn't have a lot of knowledge about
a single -vault, prefabricated restrooms, so he went on-line to research them.
However, he didn't quite understand if these units required pumping. And if
so, what would be the expense associated with it, and can the budget
accommodate the expense.
Mr. Knight responded the units required pumping and having it done
regularly was still more viable and economical compared to installing a
regular toilet.
Mr. Greenwood said the pumping cost was approximately $18,000 per year,
but it was far less than installing a sewer at this location.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
Mr. Knight explained the sewer cost would be extensive because of the
location of the main sewer line.
Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote.
C. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE
2012 CITYWIDE SLURRY SEAL PROJECT IN THE AMOUNT OF $928,409
TO ROY ALLAN SLURRY SEAL, INC. (CONTRACT NO. C31440,
PROJECT NO. 751-12).
Mr. Greenwood stated this was the City's annual slurry seal project and
offered to answer any questions. Responding to question about the timeline,
he said slurry seal has to be done during mild weather; therefore, he
anticipated it will be done in the spring in the months of ApriVMay or perhaps
the end of June.
Mayor Spiegel said the month of July would not be good.
Councilmember Finerty moved to, by Minute Motion: 1) Award the subject contract
for Construction of the 2012 Citywide Slurry Seal Project to Roy Allan Slurry Seal, Inc.,
Santa Fe Springs, California, in the amount of $928,409; 2) authorize the Director of
Finance to set aside an additional 10% contingency for the project in the total amount of
$92,840.90; 3) authorize the Mayor to execute said contract — funds are available in
General Fund Account No. 110-4311-433-3320 - Street Maintenance. Motion was
seconded by Kroonen and carried by a 5-0 vote.
D. REQUEST FOR AWARD OF CONTRACT FOR THE CITYWIDE TREE
PRUNING PROGRAM IN THE AMOUNT OF $54,280 TO WEST COAST
ARBORISTS (CONTRACT NO. C31410„ PROJECT NO. 932-12) (JOINT
CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY).
Landscape Manager H. Spencer Knight noted the staff report and pointed
out this contract was for the annual Citywide Tree Pruning Program for
bloodleaf trees and not palm trees; that contract will be following in a month.
He said the City has worked with West Coast Arborists before, they've had
a presence in the valley for a number of years, and they are an excellent
contractor.
Councilmember/Member Finerty moved to, by Minute Motion: 1) Award subject
contract for the Citywide Tree Pruning Program to West Coast Arborists, Anaheim,
California, in the total amount of $54,280 (City - $39,600; Housing Authority - $14,680);
2) authorize the Director of Finance to set aside an additional 10% contingency for the
contract in the total amount of $5,428 (City - $3,960; Housing Authority - $1,468);
3) authorize the Mayor/Chairman to execute said contract — funds are available for the
portion of contract relative to City and Assessment Districts in Parks and Recreation
Account Nos. 110-4610-453-3320, 110-4611-453-3320, and 110-4611-453-3371;
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
Repair/Maintenance Medians Account No. 110-4614-453-3370; Assessment District Fund
200 Accounts; and for the Housing Authority, funds are set aside in the 2011-2012 Housing
Authority Operating Budget. Motion was seconded by Kroonen and carried by a 5-0 vote.
XV. CONTINUED BUSINESS
A. REQUEST FOR AUTHORIZATION TO NEGOTIATE AND RECORD
CONSERVATION EASEMENTS FOR CITY- AND SUCCESSOR AGENCY
TO THE PALM DESERT REDEVELOPMENT AGENCY -OWNED
PROPERTIES (Continued from the meeting of January 12, 2012).
Mr. Wohlmuth noted the staff report and stated staff was attempting to
complete a two -prong approach. There is currently one hillside property that
is owned by the Redevelopment Agency (RDA), which needs to be handled
immediately. The remaining parcels are already owned by the City, and for
the foreseeable future, it plans to maintain them as open space. The
two -prong approach is: 1) The primary method of protection is a Change of
Zone or the General Plan Amendment for the redevelopment owned
properties from Planned Residential Hillside to Open Space, which wouldn't
cost the City any money, it would just require an action. The City -owned
properties will be combined with other Zoning and General Plan updates,
which the Council will review in March; 2) The second prong approach is a
conservation easement. However, once these parcels are zoned Open
Space versus Planned Hillside Residential, there may not be a need for a
conservation easement. An entity that accepts a conservation easement
usually charges for management and monitoring that property, because the
easement is to them, which they have to manage. Historically, where there
are habitat issues, it can be rather expensive. He is first suggesting going
through the zoning of this property as open space; secondly, keep looking
at a conservation easement, but at that point, it's not as necessary or as
urgent as making sure it can protect the hillside as pristine open space,
which is the reason the City purchased the property. However, it wouldn't
hurt to negotiate and discuss what a conservation easement would look like,
but it may not be necessary or it may be too expensive at the end of the
negotiation period.
Councilmember Finerty agreed it wouldn't hurt to continue with the
conservation easement discussion, but obviously the Council would like the
Change of Zone and General Plan Designation to move forward as soon as
possible.
Councilmember Finerty moved to, by Minute Motion, direct staff to: 1) Prepare a
Change of Zone and General Plan Amendment on City- and Successor Agency to the
Palm Desert Redevelopment Agency -owned properties within the hillside area; 2) continue
negotiating Conservation Easements for the same properties; 3) investigate an acceptable
party to accept the Conservation Easement. Motion was seconded by Kroonen.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
Councilmember Harnik said she would like to amend the motion and only
move forward with the Change of Zone and General Plan Amendment,
because it made sense, but paying money for a conservation easement
didn't.
Councilmember Finerty declined to amend her motion, because she
understood the City Manager to say the City would go forward and zone the
properties open space and continue discussions with the conservation
easement to look at the cost and everything involved. And, she understood
the amended motion was that because of the potential expense, which is
unknown because it hasn't been fully investigated, is to just take it out, which
she wouldn't support.
Councilmember Harnik said her proposed amended motion was correctly
understood.
Mayor Pro Tem Kroonen stated he seconded Councilmember Finerty's
motion observing it was only initiating a process of negotiation and not
drawing any conclusions or entering into any contracts that imply any
expense.
Mr. Wohlmuth added a conservation easement couldn't be placed on this or
any property without Council consideration. He said if there was a need to
place a conservation easement, which he indicated in his staff report, may
not be necessary because of the Zoning change. However, placement of a
conservation easement would require the Council to vote affirmatively,
because it was essentially a contract with a third party to manage the
property. Further responding, he confirmed any costs involved would be
known at that time.
Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote.
B. FISCAL IMPACT ANALYSIS REPORT REGARDING POTENTIAL
ANNEXATION BY THE CITY OF PALM DESERT FOR AREAS NORTH OF
INTERSTATE 10 (Continued from the meeting of January 26, 2012).
Mayor Spiegel stated staff requested this item to be continued, but he had
a speaker card for this item.
Councilmember Harnik recused herself from this item and left the Council
Chamber.
MS. ANNE LEACH, Representative of Sun City, Palm Desert, stated they
supported a postponement of this item, because they are interested in
having this Fiscal Analysis investigated as thoroughly as possible no matter
how long it took, because they were in this for the long haul.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
Mayor Pro Tem Kroonen moved to, by Minute Motion, continue to the meeting of
March 8, 2012. Motion was seconded by Finerty and carried by a 4-0 vote, with Harnik
ABSENT.
XVI. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
None
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager Meetina Summaries for the Period of February 1-14,
2012.
Rec: Receive and file.
With City Council concurrence, received and filed.
B. CITY ATTORNEY
None
C. CITY CLERK
1. Consideration of the Appointment of a Delegate and/or Alternate to
the Southern California Association of Governments (SCAG) General
Assembly — April 4-5, 2012, in Los Angeles, California.
Following introduction of the item and discussion amongst
Councilmembers, it was determined that due to the City Council
Budget Study Session having been scheduled for Wednesday,
April 4, it would not be possible to attend the SCAG General
Assembly. Therefore, no appointment of a Delegate or Alternate was
made.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
D. PUBLIC SAFETY
1. Fire Department
None
2. Police Department
Lt. Shouse introduced Lt. Bill Sullivan to the City Council. He believed
most were already familiar with Lt. Sullivan, who filled in for
Lt. Shouse while he attended the FBI National Academy last spring.
He went on to say that Lt. Sullivan would be replacing him at the City
of Palm Desert, because he would be meeting with the Sheriff
tomorrow about his promotion to Captain and resulting assignment at
the Colorado River Station in Blythe. Lt. Shouse went on to say that
he was pleased to have served the City for the past 31 years,
thoroughly enjoying and learning a great deal by interacting with both
City Council and staff. He said that Palm Desert was a great learning
opportunity for any Lieutenant to work in, as it was one of the finest
communities in both Riverside County and the State of California. He
noted that he would remain a Palm Desert resident and commute to
Blythe for the time being, and he thanked the City for the opportunity
to serve here.
Mayor Spiegel congratulated now -Captain Shouse for the job he'd
done here, acknowledging his constant availability to City
Councilmembers any time a problem arose, which was greatly
appreciated. On behalf of his colleagues, he relayed that Capt.
Shouse would be missed in Palm Desert and wished him well in all his
future endeavors.
Capt. Shouse replied that he knew the City was in good hands with
Capt. Vest and Lt. Sullivan.
Lt. Sullivan said it would be an absolute privilege to succeed Capt.
Shouse in this position, adding that he was envious, because the
Colorado River Station was a terrific command with a wonderful team
there. He went on to say he'd been in law enforcement for 28 years —
10 years with Indio Police Department, five years at Coachella Police
Department, and the last 13 in the Palm Desert Sheriff's Station. He
specifically served Palm Desert 1998 - 2000, and more importantly,
he'd been a resident here for 27 years, raising both his children and
grandchildren here. He holds a Master's Degree in Criminal Justice,
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
is a graduate of the FBI National Academy, and looked forward to
serving the City as its Assistant Chief of Police.
Mayor Spiegel welcomed Lt. Sullivan and said that the City was glad
to have him on board here.
Later in the meeting, on behalf of he and the entire City staff,
Mr. Wohlmuth personally thanked newly promoted Capt. Shouse for
his service as the City of Palm Desert's dedicated Lieutenant for the
last 31/2 years. For the community's benefit, he went on to say that
Lt. Shouse served the City very well, always taking a proactive
approach to issues, working with staff, and coming up with solutions,
for which staff was very appreciative. He also welcomed Lt. Sullivan
to the organization and thanked him for his service as well.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. City Council Reauests for Action:
a) Committee/Commission Meetinas in the Community, —
Councilmember Harnik felt it would be a good idea to look at
how the City's advisory Committee and Commission Meetings
could be taken into the community. While they were generally
held at City Hall, she proposed bodies such as the Public
Safety Commission or Marketing Committee could occasionally
hold a meeting at a Fire Station or in one of the revenue -
generating locations pivotal in marketing of the City,
respectively. She asked staff to take a look at how this could
be accomplished.
b) Salaries and Pensions — Councilmember Finerty followed up
on her request made at the February 9 Study Session. At that
time, she proposed reducing the City Manager's wages by
25% and also look at reducing the Council's salary by 25% -
50%, asking that all the information be brought back in a White
Paper for City Council consideration. Today she wanted to
amend the request, asking to look at all salaries and cost of
living adjustments, along with how the structure of the City's
pensions is affected. She believed that pensions were
becoming unsustainable throughout California; and while
Palm Desert cannot solve everything for the State, matters
certainly can be taken care of here. Therefore, she reiterated
her request for a look at the structure during the upcoming
Budget Study Sessions in April.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
Mayor Spiegel noted that this matter was discussed in
Closed Session earlier this afternoon, where Councilmember
Finerty made the same request. His response was that it
would be reviewed as part of the Budget process and won't
happen until the next fiscal year that begins July 1.
2. City Council Consideration of Travel Reauests and Reports:
None
3. City Council Committee Reports:
a) CVAG Homeless Task Force - Councilmember Benson said
that in tune with Councilmember Harnik's aforementioned
suggestion, the Homeless Task Force met recently at the new
Coachella Valley Rescue Mission; Members were then
privileged to tour the new facility. She noted this demonstrated
that some of the outside committees on which Palm Desert
City Council is represented take their outreach to the
community, and it was much appreciated.
4. City Council Comments:
a) Optimist Club - PDHS Students of the Month - Mayor Pro Tem
Kroonen commented that it was his turn yesterday morning to
attend the monthly Optimist Club Breakfast, where the two
outstanding students in each of the Freshman, Sophomore,
Junior, and Senior Classes at Palm Desert High School are
recognized. Once again, he was reminded of the wonderful
group of young people growing up in this community. He felt
all should be very proud of these students, some of whom are
on the Youth Committee, and it was very rewarding. He
encouraged everyone never to forget that Palm Desert was in
many ways oriented very positively toward its youth.
b) German Tourists — Mayor Spiegel thanked Economic
Development Manager Ruth Ann Moore for organizing a dinner
for 25 German Tourists. They were doing research for bringing
future groups of their nationals to Palm Desert, hopefully,
during the summer because of their enjoyment of hot weather.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
c) Coachella Valley Cemetery - Councilmember Harnik said on
Monday this week she was honored to participate in a
ceremony to unveil the Purple Heart Monument at the
Cemetery. She was truly honored to be there with so many
wonderful people who have served our country, including a 92-
year-old man who was one of the original Buffalo Soldiers.
She noted that some years ago through its Outside Agency
Funding Program, the City of Palm Desert contributed funds to
this memorial construction, and it was a worthy cause.
5. Suaaested Items for Future City Council Meetina Aaendas:
None
XIX. ADJOURNMENT
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 4:42 p.m. He reconvened the meeting
at 5:05 p.m. and, with City Council concurrence, immediately adjourned with no reportable
action.
ATTEST:
RA HELLS D. KLASSEN, C1TY CL RE K'
CITY OF PALM DESERT, CALIFORNIA
ROBERT A. SPIE0E0YOR
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