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HomeMy WebLinkAbout2012-10-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 25, 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 Bo Chen, City Engineer Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic 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 Stephen Y. Aryan, Risk Manager Jason Finley, Supervising Plans Examiner 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 Reauest for Closed Session: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 A. Conference with Legal Counsel regarding existing litigation pursuant to Govemment Code Section 54956.9(a): 1. Pasternack v. Fagel, Bighorn, and City of Palm Desert, Riverside County Superior Court, Case No. INC 1206949 B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 C. Conference with Legal Counsel regarding potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 On a motion by Kroonen, second by Hamik, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 3:02 p.m. He reconvened the meeting at 4:03 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Erwin stated the City Council authorized, to the extent it might be necessary, filing of a legal action against the two different owners of Parcel 2 in the Villa Portofino Development to get the removal of the berm, which is an illegal condition at that point. 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 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF 2012 "MINI -MUSTER" FIRE SAFETY PROGRAM RECOGNITION AND ARTWORK AWARD CERTIFICATES. On behalf of the City Council, Mayor Spiegel presented framed certificates to the following third graders whose artworks were chosen to represent this year's Mini -Muster: Uesili Kuli of James Carter Elementary, Jackson Alegre of Gerald Ford Elementary, Erick Hernandez-Resendiz of Abraham Lincoln Elementary, Leah LeBrun of Ronald Reagan Elementary, and Maya Moranda of George Washington Charter Elementary. On behalf of the Historical Society, John Marman stated the artwork will be framed and hung at local fire stations for a whole year. He and Madonna Marman presented an engraved plaque to the City Council for its 20`h year sponsorship of Mini Muster. He went on to say the program had three entities involved, the City of Palm Desert, the Fire Department, and Desert Sands Unified School District. He also presented an engraved plaque to representatives from Station 33 for taking a lead in the program, presented certificates of participation to representatives of Desert Sands Unified School District, and acknowledged Adel Ruxton and assistant Bonnie Paul for coordinating the Artwork Program. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 11, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 73, 77, 78, and 82. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of July 2012 and August 2012 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pueblo Viejo Grill, 36-901 Cook Street, Suites 3 & 4, Palm Desert. Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 PIM E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meeting of July 24, 2012. 2. Parks & Recreation Commission Meeting of September 4, 2012. Rec: Receive and file. F. RESOLUTION NO. 2012 - 68. - A Resolution of the City Council of the City of Palm Desert, California, Authorizing the Destruction of Paper Records From the Department of Finance that Have Been Digitally Imaged (Accounts Payable Records for Years Up to FY 2009-2010). Rec: Waive further reading and adopt. G. REQUEST FOR AUTHORIZATION for the Director of Finance to Extend and Execute the Merchant Services Agreement for Processing Payment Card Transactions at Desert Willow Golf Resort (Contract No. C32310). Rec: By Minute Motion, authorize the Director of Finance to extend the existing contract with Electronic Transaction Systems (ETS) — annual .* fees paid to payment card companies (Visa/MasterCard/Discover/AMEX) and ETS are budgeted at mod $201,431 (approximately 2% of sales). H. REQUEST FOR REASSIGNMENT of Benefits and Obligations Under Contract for an Artwork in the 2013/2014 El Paseo Invitational Exhibition (Contract No. C31730R). Rec: By Minute Motion, approve: 1) Reassignment of the benefits and obligations under the subject contract for an artwork in the 2013/2014 El Paseo Invitational Exhibition; 2) approve the honorarium of $2,525 for the participating artist — funds are available in Account No. 436-4650-454-4002 for FY 2012-2013. I. REQUEST FOR AUTHORIZATION to Exercise Option of the First of Two, One-year Extensions to Contract with Office Depot for Procurement of General Office Supplies for the City of Palm Desert (Contract No. C31281). Rec: By Minute Motion, authorize exercising the option of the first of two, one-year extensions to the subject contract with Office Depot, effective October 27, 2012, for the procurement of general office supplies for the City of Palm Desert. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 J. REQUEST FOR APPROVAL of Exception to Palm Desert Municipal Code Section 9.58.010 — Consumption of Alcoholic Beverages on Public Property - for Various Private Events at the Palm Springs Art Museum -Palm Desert (The Galen) Located at 72-567 Highway 111. Rec: By Minute Motion: 1) Ratify approval of an exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for two private events (Oct. 13, 2012, and Oct. 20, 2012) at the Palm Springs Art Museum -Palm Desert (The Galen) located at 72-567 Highway 111; 2) approve an exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for numerous private events (Oct. 30, 2012; Nov. 10, 2012; Nov. 13, 2012; Nov. 14, 2012; Nov. 15, 2012) at the Palm Springs Art Museum -Palm Desert (The Galen) located at 72-567 Highway 111. K. REQUEST FOR APPROVAL of Correspondence to the City's State Legislative Representatives to Address Modifications for Correcting Issues with the AB 109 (Realignment) Legislation. Rec: By Minute Motion, approve submitting correspondence to the City's State Legislative Representatives to address modifications for correcting issues with AB 109 (Realignment). Upon a motion by Kroonen, second by Harnik, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. Xl. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 B. For Adoption: 1. ORDINANCE NO. 1251— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT TO THE PRIOR APPROVALS FOR VILLA PORTOFINO (SOUTHWEST CORNER OF PORTOLA AVENUE AND COUNTRY CLUB DRIVE), INCLUDING: A 161-BED SKILLED NURSING FACILITY, A 150-BED ASSISTED LIVING FACILITY, 288 VILLA UNITS, AND 182 CASITA UNITS, Case No. DA 11-516 (VP Builders, LLC / Country Club Drive Investors, LLC, Applicants). Assistant Planner Kevin Swartz stated this Ordinance was before the City Council for the second reading of the Development Agreement. At the last meeting, the Council requested the City Attorney come back with a solution or recommendation for the berm on Lot 2. The City Attorney has informed the Council regarding the berm in Closed Session. Staff recommended approval of the second reading. ore MS. MARY SHIELDS, Piazza San Michele, Palm Desert, stated she represented the Villa Portofino Homeowners Association as their ..� President, and they enthusiastically endorse this phase for their community. She and her husband have lived in Villa Portofino since 2005, and they are ready to see their community finished as it should. She thanked the Council for the opportunity to speak and encouraged the Council to endorse the proposed request. MS. GAIL CHRISTIANSEN, President of the Casablanca Homeowners Association, stated she and other homeowners have been coming to the City Council for approximately five years regarding the Villa Portofino fiasco. Their issues included the lack of maintenance of the property, lack of soil stabilization, lack of property fencing around the property, and the fear that future homes will be built at the current soil elevation levels. Approximately) 1/2 years ago she and another member met with then Councilmember Spiegel and were told the Council would not provide approvals and permits to any developer without Casablanca's approval. Within a week of that meeting, Rudy Herrera from Family Development also met with Councilmember Spiegel and was told to meet with Casablanca to resolve the issues, and they did. There was an initial meeting where homeowners were sent invitations in October 2011, in which City staff also attended. Other meetings and conference calls followed with some homeowners, Ken Jackson, Casablanca's Legal Counsel, and Family Development. Through the course of these events, the HOA had several meetings with the general membership keeping them abreast of the progress. An agreement was finally reached, which 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 was signed off by all parties in September, followed by another meeting with the general membership and Family Development going over all of the points of the agreement. She said a lot of time and money has been spent to achieve this agreement, which finally gives Casablanca protection and some control over the Villa Portofino Development. While every member has a voice, the HOA is run as a democracy and it is the majority that makes the decision. In this particular situation, there is one homeowner who never voiced her concerns to the board, availed herself to any meeting, nor chose to keep abreast of the events by reading the minutes or their newsletter. She provided the Council with letters of support and approval of the agreement made with Family Development. She asked the Council to respect the majority vote of the homeowners and provide Family Development the approvals and permits requested with no further requirements or burdens put upon them. MS. KAY CRAIL, Via San Martino, Palm Desert, expressed concern over all the road blocks thrown at this builder. She said this builder bought a property that was in a mess, and they are trying to do the best thing. She said these continuous road blocks are not beneficial to anyone, and Villa Portofino homeowners are putting up with the dust and lack of a guard. Although, with the areas being exposed, it wouldn't do any good to have one or five guards. Additionally, the tax revenue lost to everyone was also not beneficial to the homeowners. She said the area from Portola Avenue and Country Club Drive was unattractive and unfinished. With respect to the homeowner that is complaining about the berm, it wouldn't matter whether the berm was one or five feet tall, because anyone can use a ladder now and go over the fence. She asked the Council to allow the builder to do what they need to do to build the property, because she believed this builder was doing a good job. At the last meeting, one Councilmember stated the owners knew what they were buying when they bought the property. However, her question is where was the building inspectors or Code Enforcement, because this issue didn't happen over a month or two, it's been going on for a long period of time, and all the things that were wrong should have been caught by the building inspectors. Therefore, the Council should work with the builders to complete the project so that everyone can move on. MS. JULIE MILLER, Via San Martino, Palm Desert, stated she supported the builders and their request. She asked those in the audience who came to support the builders and move forward at Villa Portofino to stand up. (Approximately 30 people stood up.) MR. RUDY HERRERA stated he was with Family Development representing Villa Portofino. He thanked all the Casablanca and Villa 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 Portofino homeowners who came out to provide support, stating they worked hard over the last year in trying to solve a number of problems. He now hoped to get Council's support in approving the second reading of the Development Agreement and move forward with the development. Councilmember Harnik thanked all those involved, because she knew this was a mess when the builder purchased the property and understood this was tough to unravel and figure out. She expressed appreciation for getting this project moving again, which will also bring jobs to Palm Desert and new residences. Mayor Pro Tem Kroonen offered his commendations to the residents of the two communities that came out this evening, stating it was inspiring and rewarding to see groups of people come together to work out problems in a satisfactory fashion. Mayor Spiegel concurred, stating many times people can't get together, but in this case they did, and God bless them for it. .R mod Mayor Pro Tem Kroonen moved to waive further reading and adopt Ordinance ple No. 1251. Motion was seconded by Hamik and carried by a 5-0 vote. XIV. NEW BUSINESS A. CONSIDERATION OF REQUEST FOR PERMISSION TO USE THE TITLE OF "MISS PALM DESERT" TO COMPETE IN THE MISS TEEN CALIFORNIA PAGEANT (Patty Roth On Behalf of Miss Chloe Sharp, Applicant). MS. CHLOE RAIN SHARP thanked the Council for the opportunity to introduce herself, stating she was 17 years old and a senior at Xavier College Preparatory. She said it will be up to her to obtain the necessary funds to go to college, because she is from a single family home with her father being the only parent since shortly after her birth. She said every year the school provides a list of scholarship opportunities with one of them being the Miss Teen Califomia Pageant, which has awarded substantial amounts, and she believes it can provide her with a college education. She has past experience as a pageant contestant and is confident she will do well, because she has already passed several interviews to become accepted to the pageant. She is very excited to have been chosen as a participant and is attempting to raise $2,000 in scholarships for her application fee, which is why she is asking permission to use the title of Miss Palm Desert. She said to have the title of Miss Palm Desert will be more professional in her search for sponsors. If the Council approves her request, there will be no obligation to the City. However, the City may sponsor her if it decided it was possible. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 Responding to question about the event, she said the competition will take place in Pasadena on January 11, 2013; it was a three-day competition. She said the main reason she was competing was to obtain a scholarship to go to college. Mayor Pro Tem Kroonen asked the City Attorney if there was any reason to deny the request from a legal point of view, because he would like to vote in favor. Mr. Erwin answered there was none. Mayor Pro Tem Kroonen moved to, by Minute Motion, approved request by Miss Chloe Sharp to use the title of "Miss Palm Desert" to compete in the Miss Teen California Pageant. Motion was seconded by Harnik and carried by a 5-0 vote. MISS SHARP thanked the Council. B. REQUEST FOR APPROVAL OF SUPPORT FOR THE 2013 AEG AMGEN BIKE TOUR OF CALIFORNIA. Ms. Riddle stated the Convention and Visitors Bureau (CVB) approached the cities within the Coachella Valley to determine which cities were interested in supporting the 2013 AEG Amgen Bike Tour of California scheduled for May 13-19. Amgen is an annual tour that continues to grow and attracts some of the world's best cyclists. It has an international marketing component that benefits participating cities. Cyclists that participate in this event are usually training for larger tours, such as Tour de France. The 2013 event will start in Southern California and migrate to Northern California, and this particular leg of the course is now set to start in Murrieta and end in Palm Springs if approved. As a correction, the event will come through the Coachella Valley on Monday, May 13, 2013, the day after Mother's Day. Organizers have finalized an agreement with Murrieta, and the date of May 13 has now been formalized. The event is planned to come through the Coachella Valley some time between 2:30 and 4:30 p.m. avoiding work rush hours or the evening. At the meeting conducted by the CVB, there was significant interest by the cities of Palm Springs and Rancho Mirage, and the County of Riverside. More specifically, the City of Palm Springs and Palm Springs Resorter expressed interest in being the Host City. To date, the informal commitments are the City of Palm Springs, Palm Springs Resorter contributing $50,000, and the County of Riverside possibly contributing $50,000. She said the City of Rancho Mirage is at $10,000 with a combination of in -kind services and a cash donation. At this point, CVB and Palm Desert City staff are seeking approval of the event and in -kind services, which are outlined in the staff report in an amount not to exceed $10,000 along with authorization to submit an application to AEG for consideration. She said AEG was only in the proposal process to determine who will be 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 hosting, because it will designate, in part, the route. Since CVB approached Palm Desert in regards to this request; therefore, Palm Desert should hear rather quickly whether the application has been approved. If approved, the logistics and route will be outlined in more detail as the event progresses. Responding to question, she confirmed the Council will have another opportunity to approve the actual route and things of that nature. Councilmember Hamik moved to, by Minute Motion: 1) Approve support for the 2013 AEG Amgen Bike Tour of Califomia; 2) approve, in concept, designated street closures (with final street closures to be determined by final route approval); 3) approve in - kind Police and Public Works support for the event. Motion was seconded by Kroonen and carried by a 5-0 vote. C. REQUEST FOR AUTHORIZATION TO UTILIZE FRAZER, LTD., HOUSTON, TEXAS, TO REFURBISH AND REMOUNT PALM DESERT MEDIC UNIT NO. 233 IN AN AMOUNT NOT TO EXCEED $109,500. Mr. Aryan stated this request was for refurbishment of one of the City's front line ambulances. He said to refurbish the patient box and putting it on a new chassis will save the City approximately $40,000 over buying a new ambulance unit. It's his understanding this ambulance will go to Station 67, .m which is the Mesa View Fire Station. ..+ Mayor Pro Tem Kroonen moved to, by Minute Motion: 1) Approve the refurbishing and remounting of Palm Desert Medic Unit No. 233 by Frazer, Ltd., Houston, Texas, in an amount not to exceed $109,500; 2) appropriate $109,500 from the Unobligated Equipment Replacement Fund to Account No. 530-4195-415-4030 for the refurbishing and remounting of Palm Desert Medic Unit No. 233 by Frazer, Ltd., Houston, Texas; 3) approve Out -of - State Travel for one Fire Department representative to travel to Houston, Texas, to inspect refurbished Medic Unit No. 233. Responding to question, Mr. Aryan explained Medic Unit No. 233, the one being refurbished, is based out of Indian Wells; a reserve unit will take its place while it's being refurbished, which takes about four to six weeks. There are plans to start production in November, so he anticipated it will be done by the end of the year. Councilmember Finerty seconded the motion, and it carried by a 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 D. REQUEST FOR AUTHORIZATION TO CONVEY REAL PROPERTY KNOWN AS APN 637-071-002 FROM THE CITY OF PALM DESERT TO THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Alvarez stated that on February 2011, prior to the dissolution of Redevelopment, property formerly held by Redevelopment was transferred to the City. However, the State Controller has asked the City to revert the assets back to the Successor Agency. Therefore, staff is transferring this individual parcel located at the corner of Washington Street and Avenue of the States that houses Casey's Restaurant, to the Successor Agency. He said staff will then make amendments to the current lease with Casey's, and the proposed Resolutions will effectuate that conveyance. Mayor Pro TemNice Chairman Kroonen moved to: 1) Waive further reading and adopt Resolution No. 2012 - 69, authorizing and approving the conveyance of real property known as APN 637-071-002 to the Successor Agency to the Palm Desert Redevelopment Agency; 2) Waive further reading and adopt Resolution No. SA -RDA 013, accepting the conveyance of real property known as APN 637-071-002; 3) By Minute Motion, authorize the Mayor/Chair to execute any and all documents necessary for the conveyance. Motion was seconded by Finerty and carried by a 5-0 vote. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. E. REQUEST FOR APPROVAL OF THE CITY OF PALM DESERT'S PAYMENT TO COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) IN THE AMOUNT OF $103,000 FOR OPERATION OF ROY'S DESERT RESOURCE CENTER. Mr. Wohlmuth stated the City was committed to assisting Roy's Desert Resource Center for ten years at approximately $103,000 a year. The Center provides services for the western and central Coachella Valley for homeless services. He said this commitment went through CVAG, and staff budgetted the $103,000 this year. However, because there is no formal agreement, this item needs to be brought back to Council every year for the appropriation and check for $103,000 to CVAG. He said CVAG contracts with Jewish Family Services for the homeless services at Roy's Resource Center, and Management Analyst Mary Kazungu from CVAG was present this evening to answer any questions. MS. MARY KAZUNGU stated Roy's Desert Resource Center opened in December 2009, and continues to serve all the homeless individuals in the Coachella Valley. She expressed appreciation for the support received from the City and hoped it will continue until they hand over the operation of the 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 Center to Friends of Roy's Foundation. Further responding, she said the strategic plan with the County of Riverside requires they hand over the Center in 2017. Councilmember Benson stated through CVAG the cities voted to fund the Center at $103,000. However, some cities are not honoring their commitment even though they have a high reserve. She said Palm Desert knows the value of the Center and is committed to funding it for the ten-year period. Councilmember Benson moved to, by Minute Motion, approve payment to CVAG for operation of Roy's Desert Resource Center in the amount of $103,000 from Account No. 110-4159-415-3630. Motion was seconded by Kroonen and carried by a 5-0 vote. XV. CONTINUED BUSINESS A. REQUEST FOR DIRECTION TO STAFF ON THE ADMINISTRATION OF CITY COUNCILMEMBER BENEFITS (Continued from the meetings of August 23, September 27, and October 11, 2012). MR mil Councilmember Harnik stated this item has been ongoing, and as elected me officials they had the difficult task of deciding their own compensation. In this time of fiscal uncertainty, general disdain for the growing size of Federal and NW State Govemments, the decision concerning Council's compensation has unfortunately become politicized. She said Palm Desert was fiscally sound, and everyone on the dais was fiscally conservative. Additionally, staff should be acknowledged for their measures to help the Council continue to have a balanced budget. In an effort to remove politics from the compensation decision and from becoming a basis for political attack, the Council appointed a neutral citizens' committee to evaluate the compensation and make recommendations. The media, including The Desert Sun applauded Council's decision, and the community supported removing politics from the compensation. The Committee met publicly and made a recommendation to cut Council's pay by more than 50%, and without hesitation, the Council accepted and approved the recommendation. The Committee also recommended that benefits be kept at a particular dollar amount, but with no direction or detail. After the recommendation was made, the City Manager along with staff made a detailed evaluation of the benefit package and made recommendations that the Committee did not consider. The City Manager's approach results in short-term and long-term savings for the City, which were not part of the Committee's recommendation. The City Manager's proposal was strong and sound; however, it was not considered by the Committee. For example, the City Manager proposed eliminating Tong -term disability °o' benefits, life insurance, and vision benefits to Councilmembers. She was in favor of these types of reductions, but the Citizens' Committee did not ow consider them. She shared that when her brother came back from the 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 Vietnam War and provided her with good advice, which was, "If you don't have time to do something right the first time, how can you possibly have time to do it right the second time." Therefore, she wants to take the necessary time to do this right. Councilmember Harnik moved to, by Minute Motion, continue the matter until the City can reconvene the Citizens' Committee, directing City Manager to meet with them to present detailed plans and recommendations based on City financial condition and any other factors deemed appropriate, with Citizens' Committee recommendation to be returned to City Council for action. Motion was seconded by Kroonen. Mayor Pro Tem Kroonen agreed this was a long and somewhat more difficult process than he might have hoped for. In fact, he was almost hesitant to speak on the topic, because he did not take coverage under the fringe benefit package; therefore, whatever happens was not in a personal way significant to him. However, he believed if was a significant action that will apply to future membership of this Council and felt very strongly it should not jump ahead and make decisions at this point. He said it was quite possible that in two more meetings there could be three new people sitting at the dais, and it was inappropriate to take action on something that will most directly impact them along with the two incumbents. He believed the Council should take its time to look at this matter prudently, carefully, thoughtfully, and make the appropriate decision by including the new members of the Council. He said in that spirit, he didn't believe it changed the motion, but that's the spirit in which he offered his second. Councilmember Benson stated the City has had candidates on this Council that has campaigned on transparency and this was another example of letting the public know what's going on. The City had a committee suggested by Mayor Pro Tem Kroonen to look at the benefits, and if one reads through all the minutes, they'll find the committee looked at everything and tried to be fair. She personally suggested to the City Manager before the Citizens' Committee met for him to make a recommendation as to what should be done. His polite response was that it wouldn't be fair to the Council and now there is a motion to have the City Manager meet with the Committee to make a recommendation, because the one provided didn't come in favor of a couple of Councilmembers. She said this was so wrong and it was taking Palm Desert down a path that citizens wouldn't want to see. She said Palm Desert has been the eye of the Valley for so long, and now there are comments in the newspaper like a remark in The Desert Sun about Palm Desert that a five -story hotel should be put in the middle of the City with cars around. She said it was a shame, because Palm Desert has had 30 years of history that has gone on that made this City what it is. And then when a committee meets, gives their time, makes a recommendation, and it doesn't come out the way Councilmembers want it, it ought to have a new 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 committee. She was thoroughly against the motion, and this Council should vote on the recommendation already provided. Councilmember Finerty concurred, stating this was about as political as one can get, not wanting to cast your vote prior to two members being up for re-election, and she thought it was the only fair and equitable thing to do. She noted Joan Busick who was an alternate on the Citizens Committee stated, "That all Councilmembers compensation should be equal." She believed the Committee spoke loud and clear by stating the insurance benefit should be capped at $7,500, which meant the Councilmember and not their dependents are covered. She said to have new Councilmembers come on the Council who had insurance well before and campaigned under transparency, and as soon as that person gets elected, there are new dependents to $18,000 every year. She said it was appalling that this matter had reached this point by continuing this tem over and over again, because people are basically greedy. She is very much opposed, because the Committee weighed in and said to cap it at $7,500. The City Manager didn't want to get involved, but then we have visits from certain Councilmembers to the City Manager, and now he wants to get involved. This is the height of what people in America are sick and tired of, and she was as well. Therefore, she was opposed to the motion. Mayor Spiegel stated that in perpetuity children are covered until their mid twenties. He said former Councilmember Jim Ferguson receives $18,000 a year for his insurance, stating he was with the City about 12 years and is vested. He said by the next Council meeting there will be either one or three new members on the City Council, and for this Council to make a decision when new members are about to be on board was wrong. He would like this item to be continued until the new members are seated in December. Mayor Spiegel called for the vote and the motion carried by a 3-2 vote, with Benson and Finerty voting NO. B. REQUEST FOR ACCEPTANCE OF WORK FOR CONTRACT NO. C31720 — REPLACEMENT AND MODIFICATION OF THE KITCHEN AIR CONDITIONING AT DESERT WILLOW GOLF RESORT (Quality Mechanical Professionals, Inc., El Cajon, CA) (Continued from the meeting of October 11, 2012). Mr. Erwin stated this item was not complete and will be placed back on the agenda at the appropriate time. Therefore, he asked that this item be continued to a date uncertain. Mayor Pro Tem Kroonen moved to continue this item to a date uncertain. Motion was seconded by Harnik and carried by a 5-0 vote. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manaaer Meetina Summaries for the Period of October 1 - 12, 2012. With City Council concurrence, the City Manager Meeting Summaries were received and filed. 2. Landscape Maintenance Area 1 Mr. Wohlmuth recalled for the Council that it had previously approved contracts for the various landscape maintenance areas, and the contract awarded to Kirkpatrick Landscaping Services, Inc. for LMA 1 has been withdrawn by the contractor. Therefore, staff will return with a request to award the contract to the second best proposal at the next City Council meeting. B. CITY ATTORNEY None C. CITY CLERK 1. Announcement of Successor Agency to the Palm Desert Redevelopment Agency Study Session on Thursday, November 15, 2012, at 2:00 p.m. - Discussion About Successor Agency: 1) Bonds; 2) Bond -funded Projects; 3) Property. With City Council concurrence, the Successor Agency to the Palm Desert Redevelopment Agency Study Session for November 15, 2012, was noted. D. PUBLIC SAFETY 1. Fire Department None 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: OM tug a) Non-orofit/Outside Agency Coordinator - Councilmember Harnik stated this came out of the League of California Cities Annual Conference attended by she and team members in Palm Desert. She said cities reported success with having a staff member who is designated to coordinate community services and volunteer services, which Palm Desert had so much of that in the community. For instance, the City of Palm Desert gives almost $300,000 to 501 (c)(3) organizations, and today was a perfect example with the $103,000 contribution to Roy's Desert Resource Center. She said it warrants investigation what it would cost to have a staff person oversee the volunteerism, community efforts, and funds granted to community agencies/entities. She would like a presentation for .e Council to consider during the next budget cycle. 2. City Council Consideration of Travel Requests and Reports: a) Joint Powers of Insurance Authority (JPIA) Conference - Councilmember Harnik announced she will be attending the JPIA Conference, which is always loaded with great information, and she will report on it upon her return. 3. City Council Committee Reports: a) CVEP Economic Summit - Councilmember Hamik stated Brian McGowan was a College of the Desert and University of California, Riverside, graduate who was now in charge of Economic Development for the City of Atlanta. In his speech, he made the statement, "Throw out 20"' Century economic development tools and financial models, and look for new models and creative approaches." She said new ways to create economic development had to be sought and not get stuck in the past, because it will truncate growth. Later in the meeting, Mayor Pro Tem Kroonen stated he wanted to give a testimonial of the good work local schools are doing, because to see a young man, such as Brian McGowan, who spoke quite eloquently and thoughtful at the CVEP imil 11111111 NO 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 Economic Summit was a product of the Desert. He said Mr. McGowan was now running a big time operation and answering directly to the Mayor of the City of Atlanta, and it made him feel proud. b) Cove Communities Commission - Mayor Spiegel stated the Commission consisted of Councilmembers from the City of Rancho Mirage, Palm Desert, and Indian Wells. The Commission agreed to continue with the "Shop with a Cop" Program at Walmart who will provide $2,000; the Commission will match that amount. He noted this program used to be done at Toy's R Us, and it's now being done at Walmart. He went on to say the schools will identify those underprivileged children that will be shopping with a cop. Additionally the Commission decided to invest in the "Every Fifteen Minutes" Program. He said it appears there are accidents where students are killed due to drinking and driving. This prevention program includes the participation of Police and Fire, and it's done every two years prior to graduation. 4. City Council Comments: None 5. Suaaested Items for Future City Council Meetina Aaendas: None XIX. ADJOURNMENT On a motion by Kroonen, second by Finerty, and 5-0 vote of the City Council, Mayor Spiegel adjoumed the meeting at 5:00 p.m. ATTEST: RACHELLE D. KLASSEN-CITY CLERK CITY OF PALM DESERT, CALIFORNIA /Sa atV, ROBERT A. SPIE EI 1I YOR 17