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HomeMy WebLinkAboutPreliminary Minutes - City Council - November 15, 2012PRELIMINARY MINUTES X-A - ADJOURNED REGULAR. PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 15, 2012 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 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 arrived at 3:50 p.m. Councilmember Jan C. Harnik Mayor Pro Tern William R. Kroonen Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Stephen Y. Aryan, Risk Manager Casey Hartman, 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 Ill. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 210, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: The Altum Group/John Cover Associates 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 Mr. Erwin requested the City Council give consideration of adding an item to the Closed Session agenda by four -fifths vote: C. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 1. City of Palm Desert v. Waldemar and Barbara Azbill, Riverside County Superior Court, Case No. INC 1104212 Upon a motion by Spiegel, second by Harnik, and 4-0 vote of the City Council, with Finerty ABSENT, the aforementioned case of existing litigation was added to the Closed Session agenda. On a motion by Kroonen, second by Harnik, and 4-0 vote of the City Council, with Finerty ABSENT, Mayor Spiegel adjourned the meeting to Closed Session at 3:02 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 F PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING LI B NOVEMBER 15, 2012 VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Cindy Finerty VII. INVOCATION - Councilmember Jean M. Benson Vill. ORAL COMMUNICATIONS - B A. PRESENTATION OF ANIMAL ADOPTION FEATURE. None B. GENERAL ORAL COMMUNICATIONS. 1. MR. STEVE FINGER, Palm Desert, CA, thanked City Council for allowing him to mark the anniversary of the Occupy Coachella Valley event in 2011 with a gathering of free speech on November 1, 2012, in Civic Center Park. He said there were 12 speakers, all speaking on different aspects of issues the group feels are important. He related that Rev. Debbie Savitt talked about foreclosures and how they are proceeding, leaving homeowners with few options. In that regard, this morning he spent five hours at Bank of America in an attempt to forestall a Trustee's Sale scheduled for tomorrow at 9:00 a.m., with the affected resident caring for her 91-year-old husband suffering with dementia. He didn't think he was successful in putting off this sale, but it did tell him that there is much more work to be done to make it possible for local residents to work out a seemingly insurmountable economic situation. He promised to come back to Council Meetings frequently to present issues where he may be able to help residents with them. He again expressed thanks for the opportunity to be in the Park and speak to the many issues facing residents. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS With City Council concurrence, the following Presentation was included in today's proceedings. A. PRESENTATION OF PROCLAMATION IN RECOGNITION OF THE McCALLUM THEATRE'S 25T" ANNIVERSARY, 1988 - 2013. On behalf of the City Council, Mayor Spiegel presented the framed proclamation to Mitch Gershenfeld, President and CEO of the McCallum. 3 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 MR. GERSHENFELD expressed sincere appreciation for the recognition, noting that he was also here today with McCallum Theatre Director of Education Kajsa Thuresson-Frary. He said they were very proud to be part of Palm Desert and to have had the City as their partner from the beginning, looking forward to many more years of this beneficial relationship and continuing to serve the community with both the arts and arts education. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of October 25 and November 8, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 83, 87, 88, and 92. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of September 2012 (Joint Consideration with the SuccessorAgencyto the Palm Desert Redevelopment Agency). Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of September 19, 2012. 2. Audit, Investment & Finance Committee Meeting of September 25, 2012. Rec: Receive and file. E. REQUEST FOR DECLARATION of Nextel Cellular Telephones as Surplus Property and Authorize Disposal. Rec: By Minute Motion, authorize: 1) City staff to sell Nextel cellular telephones at $5.00/phone; 2) City staff to surplus remaining Nextel cellular telephones to Cellunex. 2 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 F. REQUEST FOR AUTHORIZATION to Streamline Use of Various Vendors Providing Qualified Services by Approving an Abatement Services Vendors List and Grant Exemption to Bidding Requirements as Provided for by Section 3.32.090 of the Palm Desert Municipal Code for the Remainder of Fiscal Year 2012-2013 and for Fiscal Year 2013-2014. Rec: By Minute Motion: 1) Approve of and authorize staff to use vendors on the Abatement Services Vendors List as provided in the accompanying staff report; 2) approve exemption to bidding requirements as provided for by Section 3.32.090 of the Palm Desert Municipal Code for the remainder of FY 2012-2013 and for FY 2013-2014. G. REQUEST FOR APPROVAL of Sublease Between The Altum Group and John Cover Associates for Suite No. 210 at the Parkview Professional Office Complex, 73710 Fred Waring Drive, Palm Desert. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. H. REQUEST FOR AUTHORIZATION to Participate in the Riverside County Sheriff's Department's 2013 "Every Fifteen Minutes" Program in an Amount Not to Exceed $6,900. Rec: By Minute Motion, approve the City of Palm Desert's participation in the 2013 "Every Fifteen Minutes" Program in an amount not to exceed $6,900 - funds are available under the Police Department Contingency Account, No. 110-4210-422-3042. REQUEST FOR APPROVAL to Implement and Partially Fund the 2012 "Shop With a Cop" Program in an Amount Not to Exceed $2,415. Rec: By Minute Motion, approve implementation and partial funding in an amount not to exceed $2,415 for the 2012 "Shop With a Cop" Program — funds are available under the Police Department Contingency Account, No. 110-4210-422-3042. 5 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 J. REQUEST FOR AUTHORIZATION to Utilize a Mounted Posse for Additional Patrol of Westfield Palm Desert Mall During the 2012 Holiday Season. Rec: By Minute Motion, authorize: 1) The Palm Desert Police Department to utilize Riverside County Sheriff's Mounted Posse (Cabazon Station) during the 2012 Holiday Season to patrol Westfield Palm Desert; 2) donation of $1,000 from the SLESF CalCOPS Account, No. 229-4210-422-3914 to fund a Mounted Posse Patrol as part of the 2012 Holiday Theft Suppression Program. K. REQUEST FOR APPROVAL of Reimbursement to Joslyn Center in the Amount of $10,654.03 for Water Meter Installation. Rec: By Minute Motion: 1) Approve a reimbursement to Joslyn Center in the amount of $10,654.03 for water meter installation; 2) appropriate $10,654.03 from the Unobligated General Fund to Account No. 110-4614-453-3325 for this purpose. L. REQUEST FOR AUTHORIZATION to Utilize Reliable Tree Service to Evaluate Date Palm Trees at The Grove Residential Development. Rec: By Minute Motion: 1) Approve the evaluation of approximately 91 Date Palm trees at The Grove; 2) approve use of Reliable Tree Service, Coachella, California, as the sole -source provider for the evaluation; 3) appropriate funds in an amount not to exceed $11,830 from Unobligated Reserves in Fund 281 to Account No. 281-4374-433-3095 for this purpose. M. REQUEST FOR APPROVAL of Contract with D. W. Nicholson, LLC, d.b.a. Desert Building Services, to Perform Janitorial Services for the City of Palm Desert at the Henderson Community Building for One Year in the Amount of $9,180 (Contract No. C32370). Rec: By Minute Motion, approve the subject contract with D. W. Nicholson, LLC, d.b.a. Desert Building Services, Rancho Mirage, California, to perform janitorial services for the City of Palm Desert at the Henderson Community Building for one year in the amount of $9,180 — funds are available in Fund 510. A PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING 9 ' i NOVEMBER 15, 2012 N. REQUEST FOR RATIFICATION of Agreement with Sladden Engineering in an Amount Not to Exceed $1,900 for Special Inspection Services for the Magnesia Falls Site Wall and Gate Project (Contract No. C31820B, Project No. 648-13). Rec: By Minute Motion: 1) Ratify the subject agreement with Sladden Engineering, Indio, California, in the amount of $1,900 for Special Inspection Services for the Magnesia Falls Site Wall and Gate; 2) appropriate $1,900 from Account No. 400-4626-433-4001 for this purpose. O. REQUEST FOR APPROVAL of Contract Extension and Change Order — Contract No. C31880 - For Security Enhancements Related to the Palm Springs Art Museum -Palm Desert Improvements Project (Project No. 872-12). Rec: By Minute Motion: 1) Approve extension to the subject contract with Zeus Construction, Palm Desert, California, for the Palm Springs Art Museum -Palm Desert Improvements Project to January 4, 2013; 2) approve Change Order to the subject contract with Zeus Construction in the amount of $1,875; 3) appropriate $1,875 from the Unobligated General Fund for Project No. 872-12 - Palm Springs Art Museum -Palm Desert Improvements Project to Account No. 110-4800-454-3885 for this purpose. Councilmember Harnik stated she would be abstaining on Item G and asked that it be removed for separate action under Section XI, Consent Items Held Over Upon a motion by Kroonen, second by Benson, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER G. REQUEST FOR APPROVAL of Sublease Between The Altum Group and John Cover Associates for Suite No. 210 at the Parkview Professional Office Complex, 73710 Fred Waring Drive, Palm Desert. Councilmember Finerty moved to, by Minute Motion, approve Sublease between The Altum Group and John Cover Associates for Suite No. 210 at the Parkview Professional Office Complex. Motion was seconded by Kroonen and carried by a 4-0-1 vote, with Harnik ABSTAINING. VA PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING XII. RESOLUTIONS NOVEMBER 15, 2012 A. RESOLUTION NO. 2012 - 70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE EXTENSION OF THE SERVICE FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2024. Code Compliance Supervisor Pedro Rodriguez offered to answer any questions. Mayor Pro Tern Kroonen moved to waive further reading and adopt Resolution No. 2012 - 70. Motion was seconded by Finerty and carried by a 5-0 vote. B. RESOLUTION NO. 2012 - 71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974. Mr. Erwin explained that amending the Conflict of Interest was done every two years, and it was updated from the stand point of positions as some of the names have changed. The only real item he would note is that the reporting of gifts is relaxed. Officials are still required to report gifts in their jurisdiction within the City limits of Palm Desert, and gifts outside are not reportable any longer. Councilmember Harnik moved to waive further reading and adopt Resolution No. 2012- 71. Motion was seconded by Kroonen and carried by a 5-0 vote. XIII. ORDINANCES A. For Introduction: None B. For Adoption: None 0 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 XIV. NEW BUSINESS A. REQUEST FORAPPROVAL OF MANAGEMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT, KEMPER SPORTS MANAGEMENT, INC., AND THE PALM DESERT RECREATIONAL FACILITIES CORPORATION TO OPERATE AND MANAGE THE DESERT WILLOW GOLF RESORT (CONTRACT NO. C32380). Mr. Wohlmuth stated on December 8, 2011, the City Council authorized staff to negotiate with Kemper Sports Management to develop a new agreement for operation of the Desert Willow Golf Resort. Staff successfully negotiated another three-year Agreement with two one-year options. He noted Kemper Sports' local and national staff had done an excellent job of operating this golf course, which they've done since inception. They have provided recreational opportunities for residents and visitors without any subsidy from the City's General Fund; it is self-sufficient. He said staff is satisfied with Kemper's operation of the golf course and recommended approval. He asked Finance Director to elaborate on the details of the Agreement. Mr. Gibson stated Kemper agreed to the same terms of the previous Agreement, one of which is to maintain a $500,000 cash reserve account to protect the City from having to provide additional cash, they agreed not to operate another golf course within a 20-mile radius and not compete within the same area, and they will not charge administrative costs to the City as part of their fees, unlike some agreements where the city picks up the legal fees and other costs incurred out of Chicago. Items added to the new Agreement include: 1) the monthly fixed fee was reduced; 2) the percentage management fee was capped, which is the 5% variable rate charge. It starts at $6.5 million with the maximum of $175,000 that can be received; 3) Kemper establishes a Capital Reserve Account, which was requested by the Council. With the elimination of Redevelopment, the City needed to have an account for ongoing capital projects; 4) operating and maintenance standards were added to the Agreement as an exhibit. Responding to question, he said there were no major changes to the new Agreement other than the cap on the variable portion with a 3% growth adjustment on that cap, and he confirmed the $45 rate will continue for residents. Mayor Spiegel said he was proud of Kemper Sports' management of the golf course, restaurant, and the whole facility. Councilmember Finerty moved to, by Minute Motion, approve the Management Agreement between the City of Palm Desert, Kemper Sports Management, Inc., and the Palm Desert Recreational Facilities Corporation to operate and manage the Desert Willow Golf Resort. Motion was seconded by Kroonen and carried by a 5-0 vote. 9 PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 B. REQUEST FOR ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS) SOBRIETY CHECKPOINT GRANT PROGRAM FOR 2012-2013 (GRANT NO. SC13302) IN THE AMOUNT OF $73,000. Mr. Aryan stated the request is for an Office of Traffic Safety (OTS) Grant in the amount of $73,000. The grant will allow the Palm Desert Police Department to conduct ten DUI checkpoints beginning December 1 through the end of December 2013. Councilmember Finerty moved to, by Minute Motion: 1) Accept the Office of Traffic Safety Sobriety Checkpoint Grant Program for 2012-2013 (Grant No. SC13302) in the amount of $73,000 - Account No. 229-4210-422-3919 designated by Finance Department for this purpose; 2) appropriate $73,000 from Unobligated Public Safety Police Grants Fund to Account No. 229-4210-422-3918 and estimate revenue of $73,000 to Account No. 229-0000-334-5000 related to OTS Sobriety Checkpoint Grant Program for FY 2012- 2013 (Grant No. SC13302); 3) authorize the City Manager, Director of Finance/City Treasurer, Assistant Chief of Police, and Palm Desert Motor Sergeant to execute all necessary OTS Sobriety Checkpoint Grant Documents. Motion was seconded by Kroonen and carried by a 5-0 vote. C. REQUEST FORAPPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF RIVERSIDE TO PARTICIPATE IN A CALIFORNIA OFFICE OF TRAFFIC SAFETY "AVOID THE 30" DUI GRANT PROGRAM FOR FISCAL YEAR 2012-2013 (OCTOBER 1, 2012 - SEPTEMBER 30, 2013) (CONTRACT NO. C32390). Mr. Aryan noted this was an Office of Traffic Safety (OTS) Grant that is managed by the Riverside Police Department, which is why the City needs to have a Memorandum of Understanding. This grant will allow for the Palm Desert Police Department to conduct one DUI checkpoint, three saturation patrols, and cover overtime costs with no General Fund impact. Mayor Pro Tern Kroonen moved to, by Minute Motion: 1) Authorize the City Manager and/or his designee to enter into a Memorandum of Understanding (MOU) with the City of Riverside to participate in a California Office of Traffic Safety (OTS) AVOID the 30 DUI Grant Program for FY 2012-2013 (October 1, 2012 - September 30, 2013); 2) appropriate $5,000 from Unobligated Public Safety Police Grants Fund to Account No. 229-4210-422-3918 and estimate revenue of $5,000 to Account No. 229-0000-334-5000 related to OTS AVOID the 30 DUI Grant Program for FY 2012- 2013. Motion was seconded by Finerty and carried by a 5-0 vote. 10 PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 D. REQUEST FOR ACCEPTANCE OF CAL -COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING (SLESF) FOR 2012/2013. Mr. Aryan stated the Supplemental Law Enforcement Services Funding (SLESF) Program also known as CalCOPS provides funding forfront-line law enforcement services for the Palm Desert Police Department. He said this was the City's sole -source funding for the Holiday Theft Suppression Program and staff recommended approval. Councilmember Finerty moved to, by Minute Motion, approve the CalCOPS Supplemental Law Enforcement Services Funding (SLESF) Expenditure Plan, as provided by the Chief of Police, for expenditure of a $100,000 grant award to cover the cost of the 2012 Holiday Theft Suppression Program and miscellaneous equipment, services, and supplies to support front-line law enforcement services. E. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 1 TO VINTAGE ASSOCIATES, INC., FOR AN 18-MONTH CONTRACT IN THE AMOUNT OF $237,780, PLUS AN AMOUNT NOT TO EXCEED 20% OF CONTRACT AMOUNT FOR EXTRA REPAIR WORK AND SERVICES; AND RATIFY THE CITY MANAGER'S APPROVAL FOR EMERGENCY INTERIM SERVICES PROVIDED BY VINTAGE ASSOCIATES, INC. (CONTRACT NO. C32160, PROJECT NO. 901-12). Landscape Manager Spencer Knight stated this contract was for award of Landscape Maintenance Area No. 1, which is Highway 74 and medians on Highway 111. The contractor that this contract was awarded the last time around was unable to obtain bonding. Therefore, this request is to award to the next highest scoring contractor, which is Vintage Associates. He said Vintage already has two other contracts and is doing well at this point. Responding to question, he confirmed Vintage has a local office in Bermuda Dunes. Councilmember Finerty moved to, by Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 1 to Vintage Associates, Inc., Bermuda Dunes, California, for an 18-month contract in the amount of $237,780; 2) include extra repairwork and services in an amount not to exceed 20% of contract amount ($47,556); 3) appropriate an additional $34,260 from Unobligated General Funds to Account No. 110-4614-453-3370; 4) ratify the City Manager's approval of emergency interim Landscape Maintenance Service in the amount of $19,815; 5) authorize Mayor to execute the contract — funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians and Assessment District Account No. 276-4374-433-3320 - Haystack Drainage Channel. Motion was seconded by Benson and carried by a 5-0 vote. 11 PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING =7� NOVEMBER 15, 2012 F. REQUEST FOR AWARD OF CONTRACT TO CLOUDBURST ENGINEERING, INC., IN AN AMOUNT NOT TO EXCEED $101,954.28 FOR THE DESERT WILLOW IRRIGATION PUMP RENOVATION PROJECT (CONTRACT NO. C32050, PROJECT NO. 850-13). Project Coordinator Heather Buck noted the staff report and offered to answer any questions. Mayor Pro Tern Kroonen moved to, by Minute Motion, authorize: 1) Award of the subject contract to Cloudburst Engineering, Inc., Palm Desert, California, in an amount not to exceed $101,954.28 for the Desert Willow Irrigation Pump Renovation Project; 2) Director of Finance to set aside 10% contingency in the amount of $10,195.43 for the Project; 3) Mayor to execute the contract; 4) City Manager to finalize and execute any and all applications, agreements, and documents required by Southern California Edison to receive potential Cash Incentives and On -Bill Financing for the Irrigation Pump Upgrades —funds are available in Course and Grounds Expenses, Account No. 520-4195-495-8031. Motion was seconded by Finerty and carried by a 5-0 vote. G. CONSIDERATION OF PROPOSED LOAN OF "BIG, BIG ROOT' SCULPTURE BY STEVE TOBIN FROM MELISSA MORGAN FINE ART AND STEVE TOBIN (CONTRACT NO. C32400). Councilmember Harnik stated she would recuse herself from this item and left the Council Chamber. Responding to question, Public Art Coordinator Deborah L. Schwartz said all the artwork along El Paseo was installed today, with the exception of one, which will be installed in the next couple of days. Further responding, she said this sculpture was not part of the El Paseo Collection. Mayor Pro Tern Kroonen moved to, by Minute Motion: 1) Approve the proposed loan of artwork, "Big, Big Root," by Steve Tobin from Melissa Morgan Fine Art and Steve Tobin for placement in Civic Center Park for a duration of at least one, and up to two years; 2) authorize the Mayor to execute a Loan Agreement — funds for installation and maintenance are available in Account No. 436-4650-454-4001 - Capital Budget and in Account No. 436-4650-454-3372 - Repairs and Maintenance -Art In Public Places. Mayor Pro Tern Kroonen commented that Ms. Schwartz was invited to sit in the December 2012 three -person artwork selection panel for temporary exhibitions for the San Diego International Airport. He was proud of Ms. Schwartz and extended his congratulations. Councilmember Finerty seconded the motion and it carried on a 4-0 vote, with Harnik ABSENT. 12 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 H. REQUEST FORAWARD OF CONTRACT TO THE DESERT RECREATION DISTRICT FOR ANNUAL PARK SERVICES (CONTRACT NO. C32410). Senior Management Analyst Ryan Stendell noted the staff report and offered to answer any questions. Mayor Spiegel asked if there were any changes to last year's contract. Mr. Stendell recalled for the Council that in 2010, the City was reorganized and took a different route where the City essentially reimburses Desert Recreation District (DRD) for all their services at a cost plus 15% contract. Further responding, he said the total increase to the contract was between $70,000 - $80,000 annually, and confirmed DRD will continue to maintain all the parks. Mayor Pro Tern Kroonen moved to, by Minute Motion: 1) Authorize award of the subject contract to Desert Recreation District for Annual Park Services; 2) appropriate $40,000 from Unobligated General Fund to Account No. 110-4610-453-3092 for this purpose. Motion was seconded by Benson and carried by a 5-0 vote. I. REQUEST FOR AUTHORIZATION FOR CITY STAFF TO UNDERTAKE FACILITY OPERATION OF THE PORTOLA COMMUNITY CENTER. Ms. Riddle stated this request was to bring the day-to-day operations of the Portola Community Center in-house with Special Programs Department responsible for the scheduling of the community rooms and leasing of the offices. Staff will look into purchasing a security camera system and contracting with Desert Recreation District (DRD) to provide security patrols since the facility coordinator will not be on site during the day. Additionally, Palm Desert Citizens on Patrol (COPS) will conduct daily patrols. She said all these changes will provide an annual cost savings to the City. Councilmember Benson asked if a notice will be sent out to those that use the facility to make sure they clean up when they leave, because it's not going to be taken care of by someone else. Ms. Riddle responded the Historical Society was the only tenant. Councilmember Benson said she was referring to those that met in the community rooms. Ms. Riddle stated that if the request is approved, staff will inform the users and tenant to contact the City, because Special Programs will be taking care of all of that. 13 PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 Councilmember Benson suggested imposing a fine if the rooms weren't cleaned up. Ms. Riddle said staff was reviewing the policy, and it may increase the deposit, and possibly request a greater deposit to those authorized to have a key for the use of a room. She said staff will require the user to sign an agreement naming designated individuals that would be responsible for receiving a key, and they would have to pay for any use of the key that was not by an authorized person. Mayor Spiegel inquired about the people that met in the evenings. Ms. Riddle said the facility will continue to have the same hours of operation, and staff will be able to monitor the facility with a security camera system. Further responding, she said there will not be anyone on site in the evenings. Councilmember Benson asked that the Council be provided with a six-month update on this, because she wouldn't want the building to be ruined. Mayor Spiegel noted that he and Councilmember Benson have been on the Portola Community Board for a long time and believed the Board will not be in favor of this plan. He said it would be preferable to have someone there, particularly when the City was trying to get business people to rent those offices. He said this person didn't have to be from the Parks and Recreation District. Ms. Riddle said that if staff was to take over the operation, she would have more of a role in the promotion of the facility, because it would be her responsibility to take over the daily operation. Councilmember Harnik asked if the goal was to have the place rented out so that it functions daily and there is activity there every day. Ms. Riddle answered yes, stating the goal was to increase the use of the facility. Mr. Wohlmuth recalled for the Council that in a prior action, it lowered the lease payments to $1 to encourage nonprofit organizations to use the facility, because the market was quite different now than it was ten years ago. The contract with DRD requires their ambassadors to check that the building is locked and respond to any calls for help from the people that use it. The majority of the building is used in the community rooms, and the minority of the building is leasable space. The City also has a contract with Desert Recreation District for custodial services. Staff found that DRD 14 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 receptionist/secretary wasn't being used to its full capacity, because there was only one office leased, and the community room reservations can be handled with in-house staff for a savings of $60,000 a year. Councilmember Harnik asked how often will DRD patrol the building. Ms. Riddle said staff was proposing to contract for twice a day, which will be offset by COPS, because they are generally out every day. She will have COPS go inside to check the facility and have them make a special effort to be there and be seen. She noted only authorized users of the facility would have a key. Otherwise, the building will be locked and closed. Authorized user would be responsible for opening and locking the facility after each use, and the camera system will be a visual security throughout the day to ensure things are going according to plan. Councilmember Harnik stated she was reluctant to postpone this item, but she would like to look at the facility to have a better understanding. Additionally, she questioned if there were any insurance ramifications for not having someone there during business hours. She wondered if the City was better of having someone at the building leaving the City with less exposure. Mayor Spiegel stated the City Manager pointed out the City would save $60,000, but the staff report indicted $31,000. Mr. Wohlmuth explained that the elimination of the position was a savings of $56,000, but once you add janitorial services, the park ambassadors, and safety checks, it added up to $25,000; therefore, the difference was $31,000. Mayor Spiegel stated he agreed with Councilmember Harnik's concerns and comments. Councilmember Harnik moved to, by Minute Motion continue this item to the meeting of December 13, 2012. Councilmember Benson stated that if this item was approved, that staff provide COPS with a checkoff list that included they had checked the bathrooms, etc., to ensure everything was checked, and then have the forms turned in. Ms. Riddle agreed, stating she can require both the District and COPS to fill those forms out. Councilmember Benson seconded the motion, and it carried by a 5-0 vote. 15 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 J. AUTHORIZATION OF REQUEST TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO AMEND TERMS OF THE ENHANCED FIRST-TIME HOMEBUYER ASSISTANCE COMPONENT OF THE CALIFORNIA NEIGHBORHOOD STABILIZATION PROGRAM (NSP). Accountant Veronica Tapia stated this item was a request to amend the Enhanced First -Time Homebuyers component of the NSP Program to provide varying levels of assistance to qualified homebuyers. Staff found that for the lower end of the qualified buyers, the fixed 20% amount wasn't quite sufficient to fund them; therefore, staff requested to vary the levels 30, 40, and 50 percent. Councilmember Benson moved to: 1) Waive further reading and adopt Resolution No. 2012 - 72, authorizing a request to amend terms of the Enhanced First-time Homebuyers Assistance (EFTHB) Component of the California Neighborhood Stabilization Program (NSP); 2) By Minute Motion, authorize the City Manager to execute documents necessary to complete the amendment. Motion was seconded by Kroonen and carried by a 5-0 vote. K. REQUEST FOR AUTHORIZATION TO CONVEY CERTAIN REAL PROPERTIES 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 in February 2011 and prior to the dissolution of Redevelopment, the former Redevelopment Agency transferred all its properties, approximately 69 parcels, to the City's holdings. He said that due to recent developments, the Department of Finance and State Controllers Office was requiring those properties to be transferred back to the Successor Agency. As discussed at the Study Session earlier today, this action will allow staff to proceed with the filing of the long-range property management plan, which allows the retention of public benefit parcels. Mayor Pro Tem/Vice Chair Kroonen moved to: 1) Waive further reading and adopt City Council Resolution No. 2012 - 73, authorizing and approving the conveyance of certain real property from the City to the Successor Agency to the Palm Desert Redevelopment Agency; 2) Waive further reading and adopt Successor Agency Resolution No. SA -RDA 014, accepting the conveyance of real property from the City; 3) By Minute Motion, authorize the Mayor/Chair to execute any and all documents necessary for the conveyance. Motion was seconded by Harnik and carried by a 5-0 vote. 16 PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING XV. CONTINUED BUSINESS NOVEMBER 15, 2012 A. 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 meetings of October 11 and October 25, 2012). Project Coordinator Heather Buck noted the staff report and offered to answer any questions. Councilmember Harnik moved to, by Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Motion was seconded by Kroonen and carried by a 5-0 vote. B. CONSIDERATION OF CITY COUNCIL COMPENSATION AD HOC CITIZENS' COMMITTEE RECOMMENDATION REGARDING CITY COUNCILMEMBER BENEFITS (Continued from the meeting of October25, 2012). Mr. Wohlmuth stated the Council directed the City Manager to sit down with the City Council Compensation Ad Hoc Citizens' Committee, and they considered the City Manager's recommendation, but ultimately concurred with their original recommendation that is outlined in the staff report, which is to cap City Council benefits at $7,500 per Councilmember annually. Councilmember Benson moved to, by Minute Motion: 1) Concur with the recommendation of the City Council Compensation Ad Hoc Citizens' Committee recommendation to cap Council benefits at $7,500 per Councilmember annually; 2) direct staff to modify the Section 125 Plan Document for Council consideration on December 13, 2012, for an effective date of January 1, 2013. Motion was seconded by Finerty. Councilmember Harnik stated that when she first ran for City Council, one of her campaign points was to appoint a committee that would review Council's compensation, and it was important to do so because she wanted to take politics out of it; Mayor Pro Tern Kroonen brought up the same issue. She cast the following three votes on this issue: 1) The first vote was to appoint a Committee; Mayor Spiegel and Mayor Pro Tern Kroonen also voted in favor; 2) the second vote was to concur with the Committee to take a more than 50% salary reduction and consider substantial changes to the benefit package; 3) the third vote was when the Committee came back and reviewed some of the items the City Manager suggested, which was that taxpayers shouldn't pay for Council's life insurance, long-term disability, and other benefits as well. Her third vote was to ask the Committee to review those 17 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 items suggested by the City Manager. The Committee returned with their same recommendation to cap the benefits on a dollar amount based on those compensations. She said their recommendation troubled her, because she didn't believe citizens should be paying for life insurance or long-term disability for Councilmembers. Additionally, she didn't think itwas appropriate for a Councilmember to cash out on a health insurance policy, because health insurance was very important. In light of what has happened, she will support the Committee's recommendation, but also suggest that the compensation package, including the other issues, be reviewed as part of the entire City budget at next year's budget. Mayor Pro Tern Kroonen expressed his appreciation to the Committee forthe extensive amount of work that was done. He agreed with Councilmember Harnik that there is further issues that need to be examined, because there was merit to her comments. Mayor Spiegel stated this was very draconian and believed the Council was being treated like second-class citizens in a City that was affluent. He said the salary for Palm Desert's Council was less than Palm Springs, Rancho Mirage, and La Quinta. He said all the other cities have the same benefits as its employees, and if the proposed benefits are cut in half, then this Council wouldn't have the same benefit that any other council in the entire Coachella Valley has, which he thought was wrong and totally against. Councilmember Finerty stated that according to the ballot measure for the City of Indian Wells, that Council would have no benefits except Social Security; therefore, this Council will be a little better off than Indian Wells. Mayor Spiegel reiterated this was a draconian solution and he was totally against it. Councilmember Harnik agreed this was a drastic measure, but this compensation had been in place for a long time, and only now there appeared to be a need to change it. Mayor Spiegel called for the vote, and the motion carried by a 4-1 vote, with Spiegel voting NO. Mayor Spiegel explained that if he left the City Council today, he would make more money in retirement from the City both in health insurance and in pay than if he stayed, which didn't make sense to continue working. Councilmember Benson agreed, stating that was his choice. in PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 Mayor Spiegel responded just like it was Councilmember Finerty's choice to not run for office, and the City still paid former Councilmember Ferguson $18,000 a year in health benefits. Councilmember Benson commented the City also still paid Mary Helen Kelly. XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF DESIGN GUIDELINES FOR THE EL PASEO SHOPPING DISTRICT AND DIRECT STAFF TO DEVELOP PROCEDURES AND FEES FOR ESTABLISHING AN OUTDOOR DINING PERMIT. Ms. Aylaian stated the proposed guidelines were a revised draft for procedures that would establish a sidewalk dining program on El Paseo. At the last meeting, Council directed staff to take the issue to the Board of Directors for the El Paseo Business Improvement District and see what recommendations they might have. Staff also received comments from Councilmembers at that meeting where revisions to the guidelines were made based upon that input. The revisions are as follows: 1) Hours of operation were broadened to start at 5:00 a.m. to midnight, because there are coffee shops that open early morning and this will allow them to continue to do so; 2) the use of paper goods was determined to be appropriate for restaurants that provide outdoor service. In other words, if there is wait staff coming to one to provide the food, paper products should not be used. However, if there is an ice cream shop like a coffee shop where you purchase your food, carry it out, and sit at one of their tables, then paper goods are the industry standards and appropriately allowed; 3) The issue of smoking was brought up by a Councilmember, and staff reviewed the impact from both people sitting on the sidewalk or people that were passing by smoking. Staff determined that the new smoking Ordinance protected as much as is possible the interest of nonsmokers and smokers alike. She said if someone was loitering with a cigarette, the City already had in place provisions to use Code Enforcement to address such a situation. There was also a concern regarding outdoor entertainment. She said if there was live or late hour entertainment that was disruptive to nearby residents, it was determined the City's new Entertainment Ordinance and Entertainment Site Plan requirements could address those issues successfully. Anyone wanting to provide entertainment indoors or outdoors would have to go through a Conditional Use Permit (CUP) process and through a public hearing. She said the hours can be restricted, and the guidelines specifically prohibited amplified music. Staff felt comfortable that any noise generated would be from the clinking of silverware from people dining orvoice-level conversation, but it shouldn't be disruptive to neighbors. When the guidelines were taken to the Business Improvement District Board of Directors there was a lively 19 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 conversation in that they had carefully reviewed the guidelines and had a number of suggestions. One was that the hours be unlimited and businesses be allowed to have outdoor restaurant services at whatever hours they chose, because no one would be interested in serving at late hours anyway, and it shouldn't be disruptive because there wouldn't be music involved. However, staff still recommended that outdoor dining is from 5:00 a.m. to midnight. The Board also recommended that paper goods be allowed for self-service type of restaurants. The third issue with the greatest amount of discussion was how much clear sidewalk width should be allowed in front of the business or dining areas, so that people strolling along El Paseo have enough room to get by both for public safety and convenience. Staff is recommending an 8-foot clear width, and the Board of Directors pointed out there are many places where that width is not available today. They ultimately recommended that 6-feet of clear width be provided, because they believed that was sufficient. This is a particular issue where staff would like to hear from the City Council for policy direction. There are a handful of restaurants today that have their dining or even their storefront right on the property line. In those cases, there is only 8-foot of clear width in areas where there is not an existing planter with a palm tree in it. She said there is 10-feet without a planter, but then it backs down to 6-feet if there is a planter. She said there are places where a business would not be able to expand out because of a situation as is configured today. One of the other issues that was brought up is the impact on existing businesses. For the businesses that are legally permitted, in place, and have been constructed according to existing ordinances, there would be no impact. An example would be Pizzavino that recently opened where they obtained permission and were legally permitted to have outdoor patio dining right on the property line with less than an 8-foot clearance, because there is a palm tree out front. For existing businesses that have outdoor dining, but have not gone through the permitting process, and there are a couple that exist, the City would ask them to get their outdoor dining permit. Staff would then have an opportunity to have an aesthetic review of their outdoordining, configuration, and review the type of material used for their barricades, chairs, and tables. The review would be at staff level through a permit that is appealable to the Architectural Review Commission and ultimately to the City Council. Councilmember Benson asked if any consideration was given to the first sidewalk cafe the City had on El Paseo, Cafe Des Beaux; a long time ago the City made them put a rail. At the corner of San Pablo by Starbucks, tables and chairs are scattered all over and out onto the curb; it looked horrendous. It seemed there should be some kind of marking to show where tables and chairs are to be kept, because people tend to move them around where there is a huge space like at the corner on San Pablo; she said there should be a way to corral them. 20 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 Ms. Aylaian stated the proposed guidelines require barricades for any establishment that serves alcohol, and they are not required by the City otherwise. However, this issue was subject to Council's direction if it felt those dining establishments should be surrounded by barricades. Councilmember Benson said the walkway should be defined, because walkers shouldn't have to skip between people to get down the street. She said walkers shouldn't be inconvenienced for the benefit of those sitting there. Ms. Aylaian said that was something that could potentially be handled at the staff review level. She said most of these cases will be reviewed by staff and if a business was proposing something without a barricade, staff can then say their tables would have to be held back three feet from the property line. She agreed people moved tables and chairs and they do tend to creep out. She said staff could limit the number of tables or not allow the business to come out the full distance unless they installed a barricade. Councilmember Benson reiterated something should be included in the guidelines, because the public needs to be protected as well. Councilmember Harnik asked what was the clearance at Pizzavino. Ms. Aylaian said it was ten feet from the railing to the curb. They have a couple of palm trees where the planter comes back 4'6" from the curb, leaving 66" left open. MR. DAVID FLETCHER, El Paseo, thanked the Council for asking staff to involve the El Paseo Business Improvement District. He agreed it was one of their most interesting and engaging meetings and hoped they were helpful in providing input. The outline that Ms. Aylaian put forth was consistent with the overall feelings of the Board, and he offered to answer any questions on behalf of the Board. However, for himself, there was one item that was still part of the guidelines that he would like to address, which was the prohibition of any type of site furnishings, planters, etc., from being placed in the public right-of-way. He said it was not necessarily in El Paseo's best interest. He said the City had come forth several times over the years with a program to unify the street with furnishings and benches, however, budgets were cut back. He said anything the City can do to help create such a district would be great, but it shouldn't preclude a business from having individual things in the public right-of-way. He understood there are liability issues with that aspect, but he had a number of things in front of his buildings that are in the public right-of-way, which were worked out with public works by signing the appropriate Hold Harmless Agreements, but to just say nothing can be in the public right-of-way was something he disagreed with, and he would like it 21 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 changed. In response to Councilmember Benson's comment, it was his understanding that rails are a requirement of the Alcohol Beverage Control Board (ABC). At this point, he had not seen an issue with outdoor dining areas without rails, like in front of Starbucks, where the chairs created a problem. He said rails took away from the free flow and pedestrian environment, and he recommended that unless it became a problem, it not be addressed. Responding to comments about the street furnishings, Ms. Aylaian explained staff was talking about benches, trash cans, ash urns, and movable planters. The recommendation is that if furnishings are in the public right-of-way, that they be provided by the City of Palm Desert. Staff did have discussions about wanting to have a unified theme going the length of El Paseo that defined it as a District, which can be done through street furnishings. If the furnishings are on private property, staff recommended that the individual stores provide what they proposed. A valid issue that came up was that the current street furnishings were dated; they were provided by the City in the 1990's. She said they are not particularly attractive or accommodating, and the Board requested that in the City's next budget cycle it consider updating them, and staff agrees. If the City was not prepared to update the furnishings at this time, it would be more appropriate to allow individual businesses to furnish the street furnishings, because something new and different can be used as opposed to what is there now. Councilmember Harnik asked about the location of the subject street furnishings. MR. FLETCHER responded an example would be in front of Coldwater Creek where there is an art bench. He agreed the more that can be done as a City and as a group to create a unified feel for the District was great, but that didn't necessarily mean that something like that art bench shouldn't be allowed. He said The Garden's signage at the corners are in the public right- of-way, but they work well and don't cause a problem for anyone. He noted he was considering additional signage out by the curb that would be in the public right-of-way, because they couldn't find a way to make sense of it on the private side. They have approval from the City to place benches in front of the building where Gucci is, because that sidewalk is much wider and designed with larger planters, benches, and pots out in public right-of-way, which left plenty of room for the sidewalk. He said those were just a couple of examples of what he was trying to say. He wasn't saying the District should do things with the City, but furnishings shouldn't just be excluded; they should be allowed with the approval from the appropriate parties. 22 PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 Councilmember Harnik stated that under Section Vill of the Draft El Paseo Design Guidelines, she asked if something that stated "With City Approval" can be incorporated. Given the City's budget, rather than the furnishing be provided by the City, they can be allowed if approved by the City. In other words, street furnishings can be installed with City approval. Ms. Aylaian said that change can be made if Council so desired. She noted for clarification that signage was not included in street furnishings, because signage was addressed elsewhere. Mr. Kroonen noted there is a barricades in front of the Daily Grill and asked Mr. Fletcher if it posed any particular maintenance or upkeep problems. MR. FLETCHER answered it did not, stating that every two years the rails received a fresh paint job. He said the rails routed people in a certain area, but they were installed because wine is served. However, they wouldn't exist if they weren't required. Councilmember Harnik stated she believed there are changes involved and suggested continuing the item to incorporate them before voting on the item Councilmember Harnik moved to, by Minute Motion continue this item to the meeting of December 13, 2012. Motion was seconded by Kroonen. Ms. Aylaian asked for clarification on clear sidewalk width, because she didn't get a sense from the Council which way it wished to go. Councilmember Benson stated that if the City wasn't leaning toward barricades, it should look at how many tables and chairs can be out there, because the corner on San Pablo is crowded. Ms. Aylaian agreed to explore that issue. Mayor Spiegel suggested Councilmembers Benson and Harnik meet with staff to review the whole guidelines' program. Councilmembers Benson and Harnik concurred. Mayor Spiegel amended the motion to continue this item to the meeting of December 13, 2012, with Councilmembers Benson and Harnik appointed to a subcommittee to incorporate suggested changes in the Guidelines prior to that meeting. Motion was seconded by Benson and carried by a 5-0 vote. 23 PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING XVII. PUBLIC HEARINGS NOVEMBER 15, 2012 A. REQUEST FOR ADOPTION OF RESOLUTION, MAKING CERTAIN FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 66001 RELATIVE TO THE ANNUAL REPORT OF CALCULATION OF GOVERNMENT CODE SECTION 66006 - DEVELOPMENT IMPACT FEES - FOR THE CITY OF PALM DESERT. Mr. Gibson stated the report was provided to the Desert Valleys Builders Association (DVBA), and they responded back stating they were fine with the report. The report indicates the City has a couple of the funds that are exceeding the five-year limit, which are the Drainage Facility Fee, Child Care Facility Fee, and Fire Facility Fee. However, there is a budget for Capital Projects that will meet that requirement and hoped to have those completed in a reasonable period of time to expend those funds. Therefore, the City meets the requirements of the State. Mayor Spiegel declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, he declared the public hearing closed. Councilmember Finerty moved to waive further reading and adopt Resolution No. 2012 - 74, making certain findings pursuant to California Government Code Sections 66001 and 66006. Motion was seconded by Kroonen and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER City Manager Meeting Summaries for the Period of October 15 - November 2, 2012. Rec: Receive and file. With City Council concurrence, received and filed the Meeting Summaries. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. 2. Request for Designation of Two City Councilmembers to Represent the City of Palm Desert in UCR Medical School Discussions and the Clinton Foundation Healthcare Initiative. 24 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 Mr. Wohlmuth said he'd been working with the University of California, Riverside, Medical School on their proposed clinic and education center in Palm Desert, as well as on some invitations, such as the Clinton Foundation Healthcare Initiative. Therefore, he asked for the designation of two Councilmembers to assist him with attending these meetings or other healthcare issue meetings that may come up. Councilmember Harnik and Mayor Pro Tern Kroonen volunteered to serve the City in this capacity. With Council concurrence, designated Councilmember Harnik and Mayor Pro Tern Kroonen to work with the City Manager on the UCR Medical School Discussions, the Clinton Foundation Healthcare Initiative, and any other related invitations or events that come up. 3. Hurricane Sandy - Local Relief Efforts Mr. Wohlmuth reported that the Palm Springs Desert Communities Convention & Visitors Authority was raising funds for Hurricane Sandy Relief. He said they'd organized an event to auction off donations with all proceeds going toward victims of the storm. Local Palm Desert businesses were making donations, such as the J. W. Marriott Desert Springs Resort, along with the City and Kemper Sports Management donating two foursomes of golf and four lunches at Desert Willow to be auctioned off. Mayor Spiegel noted that he'd already suggested taking some of the City's General Fund surplus and donating it to the American Red Cross for victims of Sandy; however, he didn't get very far with that idea and asked if Mr. Wohlmuth had given it more thought. Mr. Wohlmuth responded if City Council directed him to agendize the matter, he would do so. Mayor Spiegel asked that this be done for the December 13 Meeting. Responding to Mayor Pro Tern Kroonen, Mayor Spiegel said he was thinking of a $1 million donation, as he would like to see the City step up for the poor people impacted by Sandy, adding that Mayor Pro Tern Kroonen was opposed to the idea. Councilmember Finerty commented that there were a number of items on both the Consent Calendar and Regular Business of today's agenda where funds were being appropriated from the Unobligated General Fund —the City's Reserves, which were the City's "rainy day" funds. She cautioned that as she leaves the City Council, it had been 25 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 her mission to keep the City on the right track by being fiscally responsible. Once the City begins giving money away when there are issues being faced, such as lack of Redevelopment funds, it wouldn't have any Reserves left. Therefore, she urged watching how the City spends its money from here on out. Councilmember Benson added that she had the same type of problem with that amount of money going out of the Coachella Valley when there was so much need locally — homelessness and hunger. She pointed out that everyone sympathizes with the people who are suffering on the East Coast, but if not this storm, there would be other similar situations coming up. In response to further comment and question, Mr. Wohlmuth said that in keeping with the section on the agenda reserved for making requests for items to appear on future Council Agendas, Mayor Spiegel just did so. 4. Monterey Avenue Interchange Project Mr. Wohlmuth said that he, Mr. Greenwood, and Mr. Chen met with the District Director of Caltrans District 8 today regarding progress of the Monterey Avenue/1-10 westbound on -ramp that is scheduled to be built beginning in summer 2013. He said it was a good meeting; the Director committed to the City that he will work closely and ensure that the project gets funded by the California Transportation Commission (CTC) and begins construction on schedule. 5. City of Palm Desert/Westfield Palm Desert Wreath Lighting City Managerwent on to say that this coming Saturday, November 17, from 6:00 - 9:00 p.m. at Westfield Mall, the City had partnered with Westfield on a Wreath Lighting Event to kick off the holiday season. He invited all to come down and join in on the festivities. Mayor Spiegel noted he would be participating in the Wreath Lighting event, while Mayor Pro Tern Kroonen would be representing the City at the "Behind A Miracle" Event on El Paseo on Saturday evening. B. CITY ATTORNEY None 26 PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING C. CITY CLERK NOVEMBER 15, 2012 Mrs. Klassen reported that Public Library staff is currently working to move back into the "refreshed" space at the Multi -Agency Library on College of the Desert Campus, with the final punch list of items being addressed, and it was going well. Currently, there was scheduled to be both a soft and a ceremonial re- opening of the City Library in early December, dates to be confirmed. D. PUBLIC SAFETY 1. Fire Department None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: None 2. City Council Consideration of Travel Requests and Reports: a) California Joint Powers Insurance Authority Seminar - Councilmember Harnik said she attended the "Art of Risk Management" Seminar with Mr. Aryan. She said they received a lot of valuable information and came away with a pretty long "to-do" list for the City. She said related to the prior discussion about Hurricane Sandy, one of the seminar topics was "Managing Unplanned Events," and that was very informative as well. 3. City Council Committee Reports: None 27 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 15, 2012 4. City Council Comments: a) Councilmember Hamik reminded everyone that the holidays were coming up, and for most people, it was a wonderful time of year. However, there are neighbors who may be by themselves, and she encouraged people to check on those folks and maybe include them in some of the activities. 5. Suggested Items for Future City Council Meeting Agendas: Please see Section XVIII - Reports and Remarks, Item A-3 - City Manager, Hurricane Sandy - Local Relief Efforts discussion. XIX. ADJOURNMENT On a motion by Kroonen, second by Harnik, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting at 5:13 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR m