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HomeMy WebLinkAboutPreliminary Minutes - City Council 05/10/2012DRAFT -Z- iq PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 10, 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 Tern William R. Kroonen Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Justin McCarthy, Assistant City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Martin Alvarez, Redevelopment Manager Stephen Y. Aryan, Risk Manager Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Mary LaCross, Administrative Secretary Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 628-120-011 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert Property Owner: Robert S. Rocke Under Negotiation: x Price x Terms of Payment 2) Property: 77115' Florida Avenue (APN 637-263-010), Palm Desert; 74131 El Cortez Way (APN 625-062-012), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon a motion by Harnik, second by Kroonen, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:01 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None Mr. Erwin stated that while there was no reportable action from Closed Session, there was an additional item to be placed on today's agenda: REQUEST FORAPPROVAL OF THE INSTALLATION OF A FENCE TO SECURE OUTDOOR CHEMICAL STORAGE AREA AT THE AQUATIC CENTER. Responding to question, he said the matter could be taken up wherever the City Council desired on the agenda; however, it did need to be added by a four -fifths vote first. On a motion by Kroonen, second by Finerty, and 5-0 vote of the City Council, the aforementioned Request was added to the agenda. (Please see Section XIV - New Business, Item H, for this consideration.) 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Cindy Finerty VII. INVOCATION - Councilmember Jan C. Harnik VII1. ORAL COMMUNICATIONS - B A. PRESENTATION OF ANIMAL ADOPTION FEATURE. MR. FRED SAUNDERS, Animal Samaritans, presented "Frieda," a one -year - old Chihuahua -mix, who was available for adoption at their facility. He said she was very typical of the type of animals that Animal Samaritans has been rescuing, with 1,502 animals taken out of local shelters for rescue and adoption in the last 12 months — for placement in new homes not only locally, but throughout Southern California and as far away as the East Coast and Canada. He said it was good for the animals, and it also represented a significant cost savings to take the animals out of the shelter for placement. He said anyone interested in "Frieda" or any of the animals up for adoption could call Animal Samaritans at (760) 343-3477, ext. 4. He once again thanked the City of Palm Desert for assisting with the Adoptions Alliance Program, resulting in the aforementioned number of rescues. B. GENERAL ORAL COMMUNICATIONS. MR. ROBERT PIPPIN, Bel Air Road, Palm Desert, addressed City Council regarding the public hearing two weeks ago for dedication/abandonment of frontage road for the Rosewood Hotel. He said his team submitted a written package to City Council that was prepared by Mr. Doug Balog, a real estate broker with significant ties to Sandpiper. The package contained information from various Sandpiper properties and their owners intended to evidence that the Rosewood Hotel project was having and would have a positive impact on Sandpiper properties; a cover memo was included with the package. Mr. Pippin wished to make it clear that Mr. Balog had absolutely no involvement in creating the cover memo, nor was he even aware of it. He said Mr. Balog created the package at his team's request, and they prepared and inserted the cover memo. At start of the hearing on the Rosewood project, he was surprised to hear the City Attorney publicly announce that at least one of the City Councilmembers claimed that the cover letterthey received contained a threat — that if the City Councilmember did not vote for the hotel project, damaging information would be released about that Councilmember. He was dumbfounded; since if true, this cover letter would be a clear attempt at blackmailing a public official and would be an actionable crime. He then read the cover letter in its entirety that 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 his team included in the package. "The attached package contains Personal testimonials of recent purchasers of homes in the Sandpiper community in which the new homeowners asked the City of Palm Desert to do everything possible to support the hotel developer's efforts to get the necessary approvals to approach construction lenders. Real estate broker Doug Balog has prepared the attached information under the assumption that the City might possibly open the public hearing today regarding the City's agreement to enable the hotel developer to purchase its frontage road right-of-way on Highway 74. This package is to counter negative public comment that may arise today against granting this right-of-way purchase opportunity to the hotel developer. If negative public comment fails to materialize today, Mr. Balog will not present the material." MR. PIPPIN said there was absolutely no threat in the letter he just read; there is not even mention of a vote, nor is there any reference, at all, about any action to be taken if Rosewood issues are not approved. Further, he said all this memo says is that they have provided the Council with copies of a package but will only take up the Council's time going over the material at the public hearing if there is opposition from the public voiced at the hearing. He said he was out of town the following Friday through Sunday after the hearing, and he called the City Attorney on Monday to inquire about the allegations that they had tried to blackmail a Councilmember. He was told that one Councilmember claimed to have received a memo containing a threat, and he requested a copy of it. Over a week later he was advised by the City Attorney that the memo had apparently been lost or inadvertently destroyed. He felt it incredible that irrefutable evidence of an attempt to bribe a public official was lost or destroyed. In fact, he believed no such memo ever existed, and the entire event was nothing more than a pathetic attempt by a Councilmember to derail the Rosewood project; or the Councilmember was delusional. Either way, he and his team had been slandered by a public accusation that they attempted to blackmail a public official. Unless the original of the alleged memo can be located so a forensic examination can be conducted to see if it originated from a printer in his office, he requested that the City Council issue a formal retraction of the allegations against his team and apologize for the accusations made in a public forum. 2. MS. DOROTHY BAILEY, Desert Hot Springs, CA, said she and several others present were members of Occupy Coachella Valley, and they wished to submit a resolution regarding the Sentinel Gas Plant on Dillon Road near Desert Hot Springs and the effect it will have, not only on Desert Hot Springs, but on the whole Coachella Valley and all who reside here. She said that included the bike path 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 that was originally called a golf cart path, and all who would be using it. She and her associates wished to address the situation and hoped the City Council would be willing to work with them on it. 3. MS. GABRIELLE JACKSON, Desert Star Boulevard, Palm Desert, stated that when a corporation builds a power plant that will adversely impact the quality of life for humans, other animals and plants that live in an area, it is required to mitigate the harm. She and fellow members of Occupy Coachella Valley were astonished to find themselves in agreement with Congresswoman Mary Bono Mack, who has the opinion that the bike path proposed as mitigation is a "slush fund." The mitigated money would be used to procure easements, which may be illegal, as it is against the policy of the Water District to build in the wash. She said the other reason to oppose this use of the mitigation funds is that by law, the money must be used to reduce emissions from the plant, which the path clearly doesn't do. Personally as an avid bicyclist, she would much rather use the bike paths already available and breathe clean air than she would to have this bike path built with said money. 4. MS. LORRAINE SALAS, Palm Desert, said as a member of Occupy Coachella Valley wished to express her, and what should be many residents' and visitors', concerns over the startling health effects that can be contracted through the emissions of this new natural gas plant. She believed 443 is the number over the State standard for particulate matter, not including the specific kind of particulate matter because there are two kinds. She said it makes a difference and is proven that two kinds, Particulate Matter 10 and Particulate Matter 2.5, are being emitted from the aforementioned plant. Most concerning is PM2.5 because it is proven to enter the lungs, bloodstream, and damage DNA cells, which could lead to serious side effects. According to the EPA.gov website, other side effects include decreased lung function, aggravated asthma, which seems to be more prevalent in the Valley already. In a recent commute from Mecca, she could not see San Gorgonio for the first time due to increasing smog in the Valley. She believed that since 1999 the Riverside Air Quality Agency has graded this area an "F" and felt the last thing residents would then think aboutwas building a huge natural gas plant to emit one million tons of carbon into the air. She said not only is this happening, but in order to operate the plant, 2,000 gallons of drinking water per minute was necessary for the operation, and calculated out, represented 20 million gallons of drinking water that she felt would be wasted on the natural gas plant. She wondered if people living within the radius of two miles knew about this plant, and almost everyone she talked to said they had no idea that such a plant was being built in their backyard. People in this area would be most PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 affected, including otherdesert cities, like Indian Wells, and she didn't think any of them would be receiving one dime for the health effects that will happen to them; all residents should know about this natural gas plant. As a lifelong resident, she felt it unacceptable, closing by stating that a privilege to know was an obligation to act and inform others about it. 5. MR. DAREL PROPST, Desert Hot Springs, CA, wanted to bring to the City Council's attention how he will personally be impacted by the new Sentinel Gas Plant going into the west Valley. Some 30 years ago while working in Los Angeles, he had an opportunity buy a moderate home and looked forward to retirement. Then he contracted lung cancer 12 years ago and endured several rounds of chemotherapy and radiation, taking a big toll on his body. Luckily, the cancer went into remission for the last 10 years. He felt this was the second bullet he dodged after serving his country in Vietnam in 1967-1968. His oncologist first agreed that the Coachella Valley would be ideal for his retirement, and he's been happily living here full time for the last two years. Now with the natural gas power plant coming in, he was faced with two choices. Due to the much higher levels of pollutants that will be put into the air, he will likely relapse and only hope to withstand more rounds of treatment; or he could move away from this area altogether. Neither of those choices were good for him. He knew many have come here because of the special oasis quality offered, and many other elderly people - both healthy and those suffering from breathing and heart disorders - choose this place for their homes. Sadly, he said our children will be faced with the long-term effects and suffer from them if no controls are set by our cities. He believed that the bike/golf cart path is a financial boondoggle for the entire Coachella Valley; it's very impractical and, considering the weather, wind, flooding, plus maintenance after all these natural effects, could be extremely costly to residents. In addition, a big concern for him was to maintain our quality of life so as not to scare away the seasonal residents or visitors, because when they come here from Oregon, Washington, or Canada, and realize they've arrived in a polluted environment, they'll go elsewhere. Therefore, he felt the mitigation funds should be directed toward a healthier condition, which would be solarization, weatherization, and a few other things that would be covered in order to reduce reliance on the pecker plant. He asked that the City of Palm Desert to consider adopting a resolution favoring people's health issues and greater respect for the desert environment. 6. MR. LEW STEWART, Palm Springs, CA, introduced a resolution that he hoped would be received with an open mind and possibly, when the City applies for grants from the South Coast Air Quality 101 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 Management District (SCAQMD), it will include some of these suggestions. He read, "Whereas, CPV Sentinel LLC corporation has misrepresented the negative environmental impact that its local power plant will have on the Coachella Valley for the next 30 years; and whereas, the mitigation fees for stated impact are insufficient and were not negotiated openly with the people who will be most deeply affected; and whereas, the City Councils of the Coachella Valley do have the authority to create tax districts ad assess mitigation fees and the responsibility to protect the health and welfare of their constituents. Therefore, let these measures be adopted: 1. Prior negotiated mitigation fees from the AB 1318 Mitigation Fees Fund shall be used as mandated, `only for emission reduction purposes.' 2. A citizens' oversight board shall be established with one elected member from each city in the Valley to monitor pollutant emissions and plant operation independently of the SCAQMD with these provisions: a. Will produce a comprehensive environmental audit yearly. b. Will coordinate and share its findings with CVAG. c. Will work with City Councils and staff to establish a continuing taxing agency for CPV Sentinel LLC, with mitigation fees based on pollutant quantities produced by the facility. d. Will be funded solely by mitigation fees. e. Will seek to establish a separate air quality management district for the Coachella Valley. 3. Continuing mitigation fees that are asked to be assessed will be used for the following programs: a. Medical program for those suffering from pulmonary disease associated with or aggravated by airborne pollutants. b. Monitoring and compliance with EPA and the new Coachella Valley Air Quality Management District. C. Legal requirement that CPV Sentinel LLC install industry -standard best practice pollution -control devices as they become available. d. Zero -interest loan to install solar and other energy -saving technology in Coachella Valley homes and businesses. Further, he pointed out that Palm Desert is in what was termed the "Environmental Justice Zone," which is the area where the pollutants will be swept down the Valley by any wind coming through the pass. However, AB 1318 that established the Environmental Justice Zone is degrading the environment here and really not providing any justice at all. 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 7. MR. KENNETH DORAN, Elkhorn Trail, Palm Desert, wished to address an issue from the last City Council Meeting. He was concerned over how an agenda item had been divided in half for the City Council and City Manager Salary issue. He said when it's separated during consideration, a member of the public trying to follow the agenda is unable to do so. He stated the Council gave the City Manager a raise, but that's not how it was identified on the agenda. He disputed the data that was presented with that item - it was only compared to the cities on either side of Palm Desert: Rancho Mirage and Indian Wells. However, he understood from news reports that Rancho Mirage hired a new City Manager at $190,000, and he didn't know where Council got its figure from. Indian Wells doesn't have a City Manager yet, and his salary was contentious. So when the Council automatically gave Mr. Wohlmuth a $20,000 increase in salary, while people like him and others in the City are losing or unable to find jobs, he had a big problem with that. He noted he would speak on the Council's salary item when it comes up later on today's agenda. 8. MR. JOHN WESSMAN, Palm Springs, CA, came forward to say he'd spent five weeks last summer riding through all the major cities of Europe on a bicycle. He reported that they are light-years ahead of the U.S. in providing safe alternative -energy places for people to use, and they are using them. He was amazed at the number of people who've gotten out of their cars in Europe to ride bicycles. Additionally, he has a small ranch in Durango, Colorado, which has 20 miles of bicycle trails just along the river; they are highly used by bicyclists, pedestrians, people pushing their kids, and it's remarkable. He thinks the greatest thing the nine cities in the desert could do is create a bicycle trail along the Whitewater River from one end of the Valley to the other, making it safe and friendly for people to use, and he felt hundreds of thousands would. 9. MS. CAROLYN KRAUSE, La Quinta, CA, appreciated the former speaker's comments on the bike path. If it was to go through the Whitewater River path and people could use it to go to and from work, she felt it would be great. Other than just recreational use, it wouldn't benefit very many people, leading her to question whether or not it was a good expenditure of the $53 million. She said more importantly, the trail wouldn't mitigate an ounce of pollution, and it wouldn't address the imminent dangers of global warming or climate change. With all the wind and solar energy at our fingertips, she asked why a natural gas power plant was under construction near Desert Hot Springs, unbeknownst to Coachella Valley residents and without their approval. She felt it was obvious that priorities of State and local politicians are disappointingly short-sighted and don't 0 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 promote the general welfare of their constituents. She reported that the CPV Sentinel Corporation paid a mitigation fee of $53 million to the South Coast Air Quality Management District (SCAQMD) for the right to emit massive quantities of unimaginably lethal pollutants, including one ton of CO2 every 116 days. Therefore, the SCAQMD only charged the $53 million, one-third of the going rate, which she felt was kind of fishy. Further, of that $53 million, SCAQMD is giving themselves $10 million out of it. Whereas, she felt that money belonged to the cities, particularly those within the six -mile radius and hoped some oversight would result for this issue. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE JENNA LEMASTER AND MICHAEL SHIMER FOR THEIR SERVICE TO THE CITY OF PALM DESERT AND ITS MARKETING COMMITTEE. Both Ms. LeMaster and Mr. Shimer were unable to be present for today's recognition because of previous obligations. Their engraved crystal clocks will be forwarded to them by mail. B. PRESENTATION OF APPRECIATION TO THE CITY OF PALM DESERT BY THE FRIENDS OF THE CULTURAL CENTER, INC., (D.B.A. McCALLUM THEATRE). MR. TED GIATAS, President and CEO of the McCallum Theatre, presented a framed Resolution of Appreciation to the City of Palm Desert dated February 20, 2012. The Resolution went on to express the McCallum Theatre's sincere gratitude to the City for both its financial gift for the betterment of the Theatre's west side parking lot, along with providing the City's professional staff, who designed the landscaping and managed all aspects of the bid process and installation oversight, resulting in a beautiful park -like parking lot for McCallum Theatre patrons and visitors alike to enjoy. Specifically, he commended the City's professional staff for extending every courtesy and consideration to the McCallum Theatre — a true testimony to the excellence that is the hallmark of the City of Palm Desert. He sincerely thanked the Mayor, City Councilmembers, and Mr. Wohlmuth for the magnificent enhancement to the grounds of the McCallum Theatre. He went on to say that as many already knew, he would be stepping down as President and CEO on May 31 and expressed his own heartfelt and sincere gratitude to the City, Councilmembers, and staff over the years who have been great friends to the McCallum Theatre and to him personally, helping make this little theater in the desert one of the most successful in the country. He introduced his successor, Mr. Mitch Gershenfeld, currently Director of Presentations and Theatre Operations for the past 12 years, who PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 will be assuming the President and CEO position as of June 1, which will provide a seamless transition for their organization. B-1. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, MAY 10, 2012, AS "TED GIATAS DAY" IN THE CITY OF PALM DESERT. In turn, on behalf of the City Council, Mayor Spiegel presented Mr. Giatas with a framed proclamation in his honor, congratulating him on his successful career, and wishing him well in his next endeavor, along with a key to the City so that he would always be able to come back to Palm Desert. C. REQUEST FOR ACCEPTANCE OF LETTERS OF RESIGNATION FROM CURRENT PALM DESERT YOUTH COMMITTEE MEMBERS, APPOINTMENT OF NEW MEMBERS TO THE PALM DESERT YOUTH COMMITTEE, AND RECEIVE PRESENTATIONS ON THE PLASTIC BAG RECOMMENDATION AND ANTI -BULLYING PROJECT. Staff liaison to the Palm Desert Youth Committee Amy Lawrence stated that seven members would be resigning from the Committee because they will be going off to college in the fall. She said their dedication has been admirable and Certificates of Appreciation were being presented to each of them for their service. On behalf of the City Council, Mayor Spiegel presented the Certificates to those Members. MS. LAURA BALDW IN, Chair of the Youth Committee forthe past year, said she joined when she was in 8" Grade, and she'd had a tremendous experience and learned a lot in that time. She thanked the City Council for all of its support of the Committee and its Members. Ms. Lawrence went on to say that seven new Members were being recommended for appointment to replace the former, with six of them present today. She said the new Members had previously served the Committee as Alternates, and staff looked forward to working with them again in the fall. She introduced Members coming forward to discuss two of the Committee's current projects. MESSRS. ANDREW MEHTA and DANIELSANFORD made a presentation regarding the Youth Committee's Plastic Bag Recommendation. They said following City Council's initial consideration of the matter, their Committee was asked to review and make a recommendation back to the City Council on a possible ban of the bags or a tax on their use. Volunteering for the project, they created an online survey for Youth Committee Members and a paper form to administer to Palm Desert High School students. Two thousand surveys were printed, 20% of them were returned, with results provided today in a PowerPoint presentation, illustrating that 59% of students felt it would be a good idea to ban plastic bags in the stores. To the question of charging bag -users rather than banning use of plastic bags, 59% of 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 students said no. In response to the question of what charge would be appropriate if a tax was imposed, the most popular answer was $0.25. After compiling all results, the Palm Desert Youth Committee makes the following recommendations to City Council: - The ban or tax should be implemented in all of the Coachella Valley instead of just Palm Desert, because it's very easy for someone to drive five minutes to a neighboring city to avoid the ban or tax. A Valley -wide initiative would have a greater impact on the environment. - Everyone should have to comply with the ban, as well as local businesses, for a better result. Youth Committee Members had some questions and concepts for the City Council to consider going forward with this matter. • Materials to be included in the ban or tax — only plastic bags or other material, such as Styrofoam cups, plastic ware, plastic cups, or similar items. • Incentives for using the reusable bags — what will make people switch to reusables. • Consideration for those who use their existing plastic bags for trash liners at home or for various other uses and providing a suitable in -home alternative. • Sponsorship of reusable bags for financially challenged residents, that way no one has an excuse not to have a reusable bag. • Tax should be large enough so that it makes sense to get the reusable bag one time rather than continuing to spend money on the plastic bag tax. In response to Councilmember Harnik's question about the tax/charge that would range from $0.05 - $0.25 and where it would go, Mr. Sanford said if implemented, the tax would be an incentive for the reusable bags. For instance, if someone brought their own reusable bag to carry purchased items, it could be discounted from their purchase. Further responding to the question of whether the tax collected would either be a profit center for the grocery store or as a fund to clean up plastic bags in the desert, he said the monies collected could be used however the City Council saw fit. He added it could be cheaper for stores, because they wouldn't have to purchase plastic bags in the first place; and reusable bags are good for the environment. Mayor Pro Tern Kroonen commended the Members for their great work, which was tremendously appreciated by the City Council. He asked from their point of view where the issue should go next, and Mr. Mehta responded that it should maybe be presented to other cities in order to have a good effect across the Coachella Valley. Mayor Pro Tern Kroonen agreed. MS. ZANNIE MURPHYand MR. TYLER NEWCOMB noted that recently City Council asked the Youth Committee to take on an initiative to reduce bullying 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 in school, leading to formation of the Committee's Anti -bullying Subcommittee. They, too, created a survey provided to all Palm Desert Charter Middle School students and received 899 responses. The surveys were tallied and comments reviewed, and they found the main problem to be cyber-bullying. Therefore, they were in the midst of creating a PowerPoint presentation that will be shown next school year. Along with the surveys, they also asked lifelong experts in the anti -bullying and helping children field for advice. That advice and survey data is all a part of the presentation being created. The main goal was to make Palm Desert Charter Middle School students as comfortable as possible in that atmosphere. They are also trying to find people who have similar stories related to bullying, former Palm Desert Charter Middle School students, to help make the connection with current students. They will continue working on their presentation and ready it for the fall. Mayor Pro Tem Kroonen congratulated the Members for their work on this important topic. Councilmember Harnik moved to, by Minute Motion: 1) Accept letters of resignation from the following Palm Desert Youth Committee Members: Kevin Autran, Laura Baldwin, Adam Chaplin, Marvin Chen, Henry Clark, Mykolas Marcinkevicius, and Brian Rohrbaugh; 2) appoint the following individuals to the Palm Desert Youth Committee to fulfill the unexpired terms of the former Members: Roman Bloch, Windy Chisem, Yung Kim, Andrew Mehta, Tyler Newcomb, Don Sandoval-Heglund, and Taylor Schmidman; 3) receive presentation on the Palm Desert Youth Committee's Plastic Bag Recommendation; 4) receive update on the Palm Desert Youth Committee's Anti -bullying Project. Motion was seconded by Finerty and carried by a 5-0 vote. D. PRESENTATION TO RECOGNIZE RETIRING CITY OF PALM DESERT EMPLOYEES JUSTIN McCARTHY AND WILMA MICHELSON. Mayor Spiegel stated that today represented the last City Council Meeting for two longtime employees, one being the City Council's Secretary, Wilma Michelson, and the other being Assistant City Manager Justin McCarthy. Mr. Wohlmuth noted that the City implemented a Voluntary Resignation Program, first because of effects of the economy, and secondly, elimination of Redevelopment in the State of California recently. Those items together have had a dramatic effect on Palm Desert. Therefore, a program was instituted to offer incentives to employees qualified to retire, with 12 accepting the program with the opportunity of retiring up until June 15, 2012. Two are being recognized today because their retirement date is next Friday, May 18. 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 Mr. Wohlmuth stated that Justin McCarthy started with the City in November 2001 as the Assistant City Manager for Redevelopment to oversee Housing, Economic Development, and more recently the Energy Independence Program. Mr. McCarthy came to the City of Palm Desert with an existing admirable career and extensive experience in public service with agencies such as Long Beach, San Diego, and City of Commerce. He lead Palm Desert's redevelopment efforts, its negotiations, and manyothertasks, quickly becoming an integral part of the Executive Management Team. His engaging leadership provided successful completion of a number of projects — Desert Willow Improvements, Affordable Housing, Utility Undergrounding, Entrada del Paseo, Energy Independence and Facade Enhancement Programs. On behalf of the staff and City of Palm Desert, he thanked Justin for his 10Y2 years of service and presented him with an engraved Certificate of Appreciation. Mr. Wohlmuth recognized Wilma Michelson for her 19 years of service with the City, having started in June 1993 as an Office Assistant and moving up through the support staff classifications to becoming Secretary to the City Council where she's served for the last 15 of those years. He related that if one hadn't had the occasion to meet or talk to Wilma, she was extremely patient, helpful, and thoughtful in all of her deliberations — and she handled the City Council magnificently — her talents will be sorely missed. On behalf of the staff and City of Palm Desert, he thanked Wilma for her 19 years of service and presented her with an engraved Certificate of Appreciation. MS. MICHELSON thanked the City Council, Mr. Wohlmuth, and her department for the honor of serving, loving every minute of her time with the City. She said being here felt as much like home to her as her actual home — sometimes having her work be a salvation that allowed her to focus on the job rather than other matters, and she looked forward to continuing the many wonderful friendships she's made here. She related that retiring was a difficult decision to make but looked forward to enjoying all life has to offer. MR. McCARTHY echoed Wilma's comments, adding that it had also been a privilege for him to serve the City of Palm Desert, the City Council, and with all the employees here. He'd worked for four communities in his career, and it didn't get any better than Palm Desert with the level of staff's professionalism and the City Council's involvement. He said people of this community can rest assured that they have people deeply engaged and committed to their City and making sure things work right. He expressed heartfelt thanks and that he would always have very warm feelings for this City. 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 26, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 241, 242, 247, and 248. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of March 2012 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. D. AUDIT. INVESTMENT & FINANCE COMMITTEE MINUTES forthe Meeting of March 27, 2012. Rec: Receive and file. E. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Paper Files from the Department of Building & Safety that Have Been Digitally Imaged for the Months of June 2011, July 2011, and August 2011. Rec: Waive further reading and adopt Resolution Nos.: 1) 2012 - 26 - June 2011 Records; 2) 2012 - 27 - July 2011 Records; 3) 2012 - 28 - August 2011 Records. F. REQUEST FOR AUTHORIZATION to Use Named Vendors for Purposes of Providing Recurring, Routine Services, Supplies, and Maintenance to the Desert Willow Golf Resort. Rec: By Minute Motion, authorize the use of vendors on the accompanying staff report's Desert Willow Golf Resort Vendor List for the purposes of providing recurring, routine services, supplies, and maintenance to the Desert Willow Golf Resort in an amount not to exceed $25,000 per vendor for a 15-month period ending June 30, 2013, pursuant to Section 3.32.110 of the Palm Desert Municipal Code. 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 G. REQUEST FOR AWARD OF CONTRACT for Industrial Uniform Rental and Laundry Services to Prudential Overall Supply in the Amount of $15,974.40 (Contract No. C31650). Rec: By Minute Motion: 1) Award the subject contract for Industrial Uniform Rental and Laundry Services to Prudential Overall Supply, North Palm Springs, California, in the amount of $15,974.40 for the period of July 1, 2012 - June 30, 2014; 2) authorize the Mayor to execute said contract — funds are available in Account No. 110-4310-433-2140 - Street Maintenance/Supply-Uniform Rentals. H. REQUEST FOR AUTHORIZATION to Install Gate to Close a Short Segment of Arrow Trail at the Intersection of Buckboard Trail. Rec: By Minute Motion, authorize installation of a gate to close a short segment of Arrow Trail to vehicular traffic at the intersection of Arrow Trail and Buckboard Trail. CONSIDERATION of Legislative Review Committee Recommendation to Provide Letter of Opposition for AB 1450 (Allen) - Employment Advertising. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and provide a letter of opposition to AB 1450 (Allen). J. CONSIDERATION of Legislative Review Committee Recommendation to Provide a Letter of Opposition for AB 1993 (Ma) - Unlicensed Drivers and Peace Officer Impound of Vehicles. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and provide a letter of opposition for AB 1993 (Ma). K. CONSIDERATION of Legislative Review Committee Recommendation to Provide a Letter of Opposition for AB 2039 (Swanson) - Employee Leave. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and provide a letter of opposition for AB 2039 (Swanson). 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 L. CONSIDERATION of Legislative Review Committee Recommendation to Provide a Letter of Support for SB 964 (Wright) - Waste Discharge Requirements and Permits. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and provide a letter of support for SB 964 (Wright). M. CONSIDERATION of Legislative Review Committee Recommendation to Provide a Letter of Opposition for the Regional Water Quality Control Board Restructuring Proposal. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and provide a letter of opposition to the Governor's Regional Water Quality Control Board Restructuring Proposal. N. CONSIDERATION of an Exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for an Event at the Palm Springs Art Museum -Palm Desert (The Galen) on May 16, 2012. Rec: By Minute Motion: 1) Approve an exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for a May 16, 2012, event at the Palm Springs Art Museum -Palm Desert (The Galen) located at 72-567 Highway 111; 2) authorize the City Manager to execute the Temporary Use Permit associated with this event. O. LETTERS Sent to Senators Boxer and Feinstein In Support of H. R. 872 - "The Reducing Regulatory Burdens Act of 2011." Rec: Receive and file. Councilmember Finerty commented on Item C - Compliance Analysis and Investment Reports, she was fascinated with it and always looked forward to Mr. Gibson's economic commentary. On a motion by Kroonen, second by Harnik, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 XIt. RESOLUTIONS A. RESOLUTION NO. 2012 - 29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO.08-02 - RETIREE SERVICE STIPEND PROGRAM FOR EMPLOYEES AND MEMBERS OF THE CITY COUNCIL. Human Resources Manager Lori Carney stated the City offered a Retirement and Separation Incentive Program that was approved by the Council in March 2012, and approval of this Resolution was the final step to that program. She said the program provides the retiree a service stipend incentive of 10% additional payment for their health premium. Councilmember Finerty moved to waive further reading and adopt Resolution No. 2012-29. Motion was seconded by Kroonen and carried by a 5-0 vote. B. RESOLUTION NO. 2012 - 30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH THE ADMINISTRATIVE CITATION SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF THE PALM DESERT MUNICIPAL CODE. Responding to question, Senior Code Compliance Officer Pedro Rodriguez confirmed Palm Desert would still have the lowest fees in the Coachella Valley. Councilmember Harnik noticed staff was proposing to raise the fee for the Motion Picture and TV Production Film Permit, but another city, who Palm Desert might be in competition with, actually did away with it for a while to generate interest and activity. She wondered if Palm Desert might want to do the same. Mr. Rodriguez stated this Resolution only sets the fee for fine violations, and a waiver of the fee for the permit would be up to the City Council. MayorSpiegel agreed, stating the Council always had the ability to waive the fee if necessary. . Mayor Pro Tern Kroonen moved to waive further reading and adopt Resolution No. 2012-30. Motion was seconded by Harnik and carried by a 5-0 vote. XIII. ORDINANCES A. For Introduction: None 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF $50,000 IN FACADE ENHANCEMENT PROGRAM FUNDING TO WESSMAN HOLDINGS, LLC, FOR THE BUILDING LOCATED AT 73-520 EL PASEO (Wessman Holdings, LLC, Applicant). Redevelopment Manager Martin Alvarez stated the subject property is located on the north side of El Paseo and east of San Pablo Avenue; also known as San Pablo Village Property. The Applicant is proposing significant facade enhancement improvements to both front and rear elevations. The site has been vacant for quite a while and was formerly occupied by various restaurants. He displayed current elevations and photo simulations of the proposed facade improvements, which will increase the structure 23' 6" and provide a new entrance to a restaurant that will be approximately 4,400 square feet. To the right side of building, new retail space will be provided at approximately 2,600 square feet, which is designed to match the existing architectural elements and features existing on the left-hand side where retail store Trio is currently located. The facade enhancement itself will have whitewash stone veneer. The Applicant is also proposing improvements to the rear elevation, which includes re -stuccoing some areas, covering up mechanical equipment, and cleaning up the rear elevation. The rear elevation service entrance will be for retail, restaurant, and commercial areas. This property has an 80-foot frontage road, which enables it to be eligible for the Facade Enhancement Program (FEP) in the amount of $50,000; the Applicant will also be requesting funding for improvements to the rear of the building. Historically, the FEP has allowed for dual funding where properties back up to public parking areas, which includes Presidents' Plaza parking lots. The Architectural Review Commission and Retail Commission have reviewed and approved this proposal, and staff recommends approval for $50,000 in FEP funds. Mayor Pro Tern Kroonen asked if the funding request for the rear elevation was something that will come later as opposed to being part of this proposal. Mr. Alvarez responded the Applicant is proposing both front and rear facade enhancements at this time. However, staff was only recommending approval for the improvements to the front. Councilmember Finerty asked if there was a proposed user for the restaurant. m PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 MR. JOHN WESSMAN, Managing Partner at Wessman Holdings, LLC, responded he's owned the property for some time, and the building has been empty for about five years, which was way too long. A few years ago, he was working with the City about possibly tearing the whole center down and building a whole new complex, which would have involved a hotel in it, but economic times killed that concept. He said he closed the deal with new tenants, Mario and Marika Marfia, who owns the Tiramisu Restaurant, which he believed was the best high -end restaurant in the desert. He said their existing restaurant will remain open, and this will be another restaurant for them where their time will be split. He said this was going to be a huge investment, because the center portion of the building will be torn down to the kitchen line, which is 40-feet deep and 56-feet wide, to create a new dining experience that will be second to none. He said the location demands a great job to be done to go along with the fantastic food. Additionally, they are working with two national tenants to take the space on the right-hand side of the building. He noted Trios, the space on the left-hand side of the building, wants to downsize a little bit. And relevant to that, Starbuck's has taken up a facade remodel to expand their patio dining on San Pablo, which was approved by the City about six months ago. He was asked by the Regional Manager to talk to Trios about expanding into part of their space with the intention of spending up to $400,000 for a total remodel of Starbucks, which may include one of their concepts where they actually serve wine. He said the whole area on El Paseo will be totally redone within the next 12 months with almost $1 million being spend there, which was a good thing. He noted staff requested that walls be installed where the air conditioners are located. Therefore, if there was any possible way for the Council to increase their contribution by $24,000 for the rear improvements, it will be appreciated and helpful to make this project successful. Responding to question about remaining funds, Mr. Alvarez said if the $50,000 request is approved, there will be $24,000 left for this fiscal year. Further responding, he said this fiscal year ends June 30, and there are no other requests pending. Mayor Spiegel asked if there will be FEP funds for next year's budget. Mr. Wohlmuth explained FEP funds are not included in next year's budget, because the concept is to create an Economic Development Strategy and Plan, and from that strategy, staff will identify tools. He said FEP is one tool, but there may be others, and staff will have that discussion with Council as it is being developed. Responding to the carryover of FEP funds, he said they can be carried over because they are General Fund monies. Councilmember Finerty stated that from the pictures, the facade enhancement appears to be wonderful, and because of the quality of work 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING ' MAY 10, 2012 of Mr. Wessman, she is glad he is wanting to improve something on El Paseo in Palm Desert. Councilmember Finerty moved to, by Minute Motion, approve $50,000 in Facade Enhancement Program funding to Wessman Holdings, LLC, for the building located at 73-520 El Paseo — funds are available in Account No. 400-4800-454-3875, with direction to return to the next City Council Meeting with additional information about improvements to the rear of the site in order to be considered for additional Facade Enhancement Program funding. Motion was seconded by Kroonen. Responding to question, Councilmember Finerty stated additional funding can be considered when the Applicant showed what the improvements to the rear will look like. Mayor Spiegel stated the Applicant can get $20,000 when the improvements for the $50,000 are complete. MR. WESSMAN stated plans were already submitted, because the intention is to do the whole project at one time, which includes the front and rear improvements. Additionally, they will be submitting plans to improve the portion of the property that faces Highway 111. Responding to comment, Mr. Alvarez said the staff report included black and white plans of the rear elevation. Councilmember Finerty stated she wanted a photo simulation of the rear similar to what was provided to the Council on the improvements to the front of the building. MR. WESSMAN explained that the area seen sticking out will be tom down with newwalls installed and plastered; the walls will hide the air conditioners. The big tower will come down to be replaced with a low skylight on the roof. He said the whole rear elevation will be redone. Councilmember Harnik asked if staff had anything showing the proposed designed improvements to the rear. Mayor Spiegel suggested approving the $50,000 this evening, and at the next City Council meeting, the Applicant can show what the rear improvements will look like. MR. WESSMAN agreed. Mayor Spiegel called for the vote, and the motion carried by a 5-D vote. 20 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 B. REQUEST FOR RESCISSION OF THE HIRING FREEZE ENACTED ON JANUARY 22, 2009. Human Resources Manager Lori Carney stated the City filled three positions that the City Council had previously approved at the Visitor Center. However, no advertising has been done for the positions discussed at the April 23, 2012, Study Session. Mayor Pro Tern Kroonen moved to, by Minute Motion, rescind the Hiring Freeze enacted January 22, 2009, and direct the City Manager to fill allocated and budgeted positions as approved in the annual Salary and Allocated Positions Resolutions, in accordance with normal City procedures. Motion was seconded by Finerty and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION TO THE CONTRACT WITH KNORR SYSTEMS, INC., IN THE AMOUNT OF $109,515 FOR MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION AT THE PALM DESERT AQUATIC CENTER FOR FISCAL YEAR 2012-2013 (CONTRACT NO. C30701). Councilmember Finerty moved to, by Minute Motion: 1) Approve the subject one- year contract extension with Knorr Systems, Inc., Santa Ana, California, for mechanical maintenance services and chemical acquisition at the Palm Desert Aquatic Center in the amount of $109,515; 2) authorize the Mayor to execute said contract — funds are available in Account Nos. 242-4549-454-2111 and 242-4549-454-3311 in the proposed FY 2012-2013 Operating Budget. Motion was seconded by Kroonen and carried by a 5-0 vote. D. REQUEST FOR AWARD OF CONTRACT FOR THE 2012 CITYWIDE STRIPING PROGRAM TO STATEWIDE STRIPES, INC., IN THE AMOUNT OF $262,773.83 (CONTRACT NO. C31450, PROJECT NO. 564-12). Councilmember Benson moved to, by Minute Motion: 1) Award the subject contract for the 2012 Citywide Striping Program to Statewide Stripes, Inc., San Diego, California, in the amount of $262,773.83; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the total amount of $26,277.38; 3) authorize the Mayor to execute said contract — funds are available in Account No. 110-4315-433-3320 - Striping. Motion was seconded by Kroonen. Responding to question, Mr. Greenwood confirmed there was no local vendor that submitted a bid. 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 E. CONSIDERATION OF RESIDENT RATE FOR DESERT WILLOW GOLF RESORT. Mr. Wohlmuth stated this item was brought up at the Budget Study Session with direction to staff to research it. He said the $45 Resident Rate has been in place since the opening of the Desert Willow Golf Resort, which was set by the City Council and hasn't changed since 2005/2006. The cost per round in 2010/2011, taking total golf -related expenses divided by total rounds, was $68.71, and $69.22 for 2011/12. The Average Daily Rate (ADR) for Fiscal Year 2010/2011 was $69.71 and the ADR for FY 2011 /2012 thus far is $72. He said the resident play is subsidized by the higher paying rack rate, wholesale, and tournament golf rates. The proposal is to move forward with the Resident Rate adjustments on an annual basis based on Consumer Price Index (CPI) in whole dollar amounts. If the City used 2012 as the base line, it will only go up in whole dollars. This year, March to March, it would be 91 cents, therefore, it wouldn't go up to $45.91; the City will wait for it to hit the whole dollar amount. However, by using 2012 as the baseline, the City will measure the two-year span instead of just the one-year span, unless the CPI went down. Further responding, he confirmed any increase will be approved by the City Council. He explained his recommendation is for the policy to be passed, and when that rate hits the whole dollar amount, staff will prepare a Resolution for the City Council to approve the increase. Councilmember Benson stated that although she appreciated the information on how the rate should be increased, this wasn't the time to raise rates. And given that Desert Willow only had 2,000 residents playing there, it may lose some of those players if the rate is increased. She said it may be appropriate in the future, but not at this time, and it wasn't a burden to the City or in the best interest of the community. Councilmember Finerty concurred, specifically for the statement included on page three of the staff report, which states "One caution is that in this current economy and perhaps in the future, golf rounds in the Coachella Valley and nationally are declining. Golf pricing is far more competitive today versus five years ago. It would be unwise to lose more play at Desert Willow, both the 20-25% resident play or to see a reduction in the 86,000 plus rounds per year." Therefore, she was not inclined to increase the rate or to increase it by a CPI on whole -dollar increments. She said the current rate should remain and believed that having it subsidized by those that visit is a benefit to the residents living in Palm Desert. Responding to question, Mr. Wohlmuth confirmed that going forward, the $45 rate will remain and any action for increase will require City Council approval. In other words, this was a policy to direct staff and inform Kemper Sports and residents of a policy that triggers certain things in the future. One 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 of those triggers would be a Resolution raising it to whatever the CPI was for that year. Councilmember Harnik stated it was important to consider increasing the rate, because the rate of $45 has been in place since 1947. Additionally, the City is tasking Kemper Management to maintain a world -class golf experience. She understood about being concerned for the residents, but City residents not only included those who play at Desert Willow, but also those businesses in the gated and non -gated country clubs with golf courses who are undercutting their prices, which results in increased golf fees at other golf courses and clubs, affecting assessments and bankruptcies. She believed the City needed to be careful and sensitive to that aspect. She proposed increasing the rate, and since the dining line item hasn't produced the desired result, as far as generating revenue, the increase can be accompanied with a 10% discount in food and restaurant to generate activity. She understood that Kemper Sports and staff would need to see if that made sense. However, increasing the rate by $1 for a round of golf on a world -class golf course was not that significant. She believed current players at Desert Willow probably wouldn't mind paying up to $49, and then getting a 10% discount off their lunch. She believed it was worth looking into. Councilmember Finerty moved to, by Minute Motion, authorize taking no action at this time. Motion was seconded by Benson and carried by a 3-2 vote with Harnik and Spiegel voting NO. F. REQUEST FOR REVIEW AND APPROVAL OF THE OUTSIDE AGENCY FUNDING (CHARITABLE CONTRIBUTIONS) FOR FISCAL YEAR 2012-2013. Councilmember Finerty stated it appeared staff did a wonderful job with the selection, but she needed further clarification on Item 9, the Palm Springs Cultural Center. She asked if that had to do with the people who provide the produce. Mr. Gibson answered yes, stating it was the Farmers Market. Mayor Pro Tern Kroonen moved to, by Minute Motion: 1) Approve the award of charitable contributions in the total amount of $190,000 to the agencies listed in the accompanying staff report, with associated restrictions and conditions; 2) authorize the Mayor to execute agreements with said agencies for awarded funding. Motion was seconded by Finerty. Councilmember Harnik noted for the record that she served on the Palm Desert High School Foundation Board and Desert Ark Board and receives no financial compensation. 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 Mayor Spiegel said he serves on the Shelter for the Storm Board with no financial compensation as well. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. G. CONSIDERATION OF DONATION TO CAL STATE UNIVERSITY, SAN BERNARDINO, PRESIDENT'S FUND IN HONOR OF RETIRING PRESIDENT ALBERT KARNIG. Mr. Wohlmuth stated Albert Karnig, the President of Cal State San Bernardino is retiring, and a function will be held this Saturday to raise funds for the President's Fund. He said Mayor Spiegel requested this item to be agendized for consideration. Mayor Spiegel stated Mr. Karnig has done so much for Cal State San Bernardino over the years to make it effective, as compared to University of Cal State Riverside, which hasn't made much of an effect. He believed Dr. Karnig should be honored in some way, and since no one was attending the function on Saturday, it would be great to contribute $10,000. Councilmember Finerty said she preferred someone attend the function instead of spending $10,000. Mayor Spiegel moved to, by Minute Motion: 1) Consider providing a $10,000 donation to the President's Fund to support the Cal State, San Bernardino, President's Academic Excellence Scholarship Program and other preferred scholarships; 2) allocate $10,000 from the General Fund Community Contingency to fund the contribution. Motion was seconded by Kroonen. Mayor Pro Tern Kroonen stated he had the greatest regard for Dr. Karnig whom he's known and worked with him since he came to Cal State San Bernardino, and almost immediately thereafter, showed his engagement with the campus in Palm Desert. He has done extraordinarily good work, which the City has benefitted. Mayor Spiegel called for the vote, and the motion carried by a 4-1 vote, with Finerty voting NO. 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA BY FOUR -FIFTHS VOTE AT THE BEGINNING OF THE MEETING, FOLLOWING RECONVENING AT 4:00 P.M. H. REQUEST FOR APPROVAL OF THE INSTALLATION OF A FENCE TO SECURE OUTDOOR CHEMICAL STORAGE AREA AT THE AQUATIC CENTER (CONTRACT NO. C31830). Mr. Wohlmuth stated this item was added to the agenda at his request. He said staff intended to install a 6-foot high fence to protect the chemical storage area. He and Public Works Director Mark Greenwood discussed this matter and thought it would be safer for the storage area to have an 8-foot high fence. However, the cost for this fence exceeded his $25,000 approval limit; therefore, this item was before the Council for consideration. He said this storage area is part of the Aquatic Center and is located on the east side of the building next to the chemical acid and chlorine tanks, which he thought was a good location to store chemicals and any equipment. The storage is adjacent to the trash enclosures at the Aquatic Center. He recommended approval of the request. Councilmember Finerty agreed the chemicals need to be secured. Councilmember Finerty moved to, by Minute Motion, approve installation of an approximately 60-foot by 8-foot ornamental iron fence with access gates to secure the outdoor chemical storage area at the Aquatic Center by Sam's Fence, Inc., Indio, California, at a cost of $28,600 — funds are available in Account No. 233-4549-454-4001 - Construction/Capital Improvements. Motion was seconded by Kroonen and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 5 TO CONTRACT NO. C22310AWITH RBF CONSULTING, INC., FOR ADDITIONAL DESIGN SERVICES FOR THE MONTEREY AVENUE INTERCHANGE RAMP MODIFICATION PROJECT ON INTERSTATE 10 (PROJECT NO.669-02). Mr. Greenwood stated this change orderwas for a significant amount to keep the Monterey Interstate 10 project moving forward. It is currently in review at Caltrans, which is a time intensive and painful process of numerous revisions that the City has been going through for several years now. Responding to question about funding, he said there are a variety of sources funding this project, including Measure A, but none of which is General Fund. 25 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 Councilmember Finerty stated she would move to approve with the condition that no General Fund monies be used. Councilmember Finerty moved to, by Minute Motion, approve Amendment No. 5 in the amount of $171,804 to the subject contract with RBF Consulting, Inc., Ontario, California, for additional design services to complete plans, specifications, estimate, bidding, award, and construction support services for the Monterey Avenue Interchange Ramp Modification Project on Interstate 10 —funds are available in Measure "A" - Monterey Ramp Modification Account No. 213-4389-433-4001, conditioned upon no General Fund monies being used. Motion was seconded by Spiegel and carried by a 5-0 vote. B. REQUEST FOR APPOINTMENT OF CITY COUNCIL COMPENSATION AD HOC CITIZENS' COMMITTEE. Councilmember Finerty stated the City has had a lot of campaigns run on transparency and the need to be more open. She believed that since the majority of the Council wanted to have a Citizens' Committee to review City Council salary, in the interest of full transparency, she recommended the meetings to be televised and allow time to garner community input to allow residents to speak at these meetings or to express their thoughts in writing. She believed this process has been hurried along and there was no need to do so, because the Council can call a Special Meeting whenever the Committee and public have had their say. She suggested that the input nor the amount of time be limited in order for a thoughtful analysis to be conducted. She went on to say, that while there may be a technical issue as to how an ad hoc committee can have meetings behind closed doors, it didn't matter, because it was ethically and morally wrong. She said all these meetings need to be out in the public for everyone to hear, including the media and anyone that wants to attend. She didn't understand how those that campaign on transparency could even suggest closed meetings with something so important as addressing City Council's salary. Mayor Spiegel said he couldn't agree more, because he too, believed these meetings should be open to the public and subject to the Brown Act. Mr. Erwin confirmed this Committee will be subject to the Brown Act, and all meetings will be open to the public. Councilmember Finerty stated staff's recommendation was contrary to the information just provided by the City Attorney and asked if the staff report was inaccurate. Mayor Spiegel answered yes. Mr. Erwin stated the staff report was incorrect from that standpoint. He said this was an issue he just noticed the other day, because he didn't have a chance to read the staff report. He said this was a Brown Act Committee PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 and is considered a legislative body; therefore, the meetings shall be noticed and open to the public. Mayor Pro Tern Kroonen moved to, by Minute Motion, appoint Bob Leo, Leo Sullivan, Dale Gribow, Kim Housken, and Mike Rover to the City Council Ad Hoc Citizen's Compensation Committee, and name Pat Pratt as First Alternate and Joan Busick as Second Alternate. MR. KENNETH DORAN, Elkhorn Trail, Palm Desert, agreed with Councilmember Finerty to have the meetings open, because a committee should go through the same process as all the others, including the application and the whole bit. He questioned why the Council was suddenly excluding that part, and this stemmed from the last meeting when it was talking about the Marketing Committee. He too, believed that every effort should be made to bring Palm Desert residents to serve, because they have more of an invested interest. Additionally, the staff report included the names of those who will be serving on the ad hoc committee, and again, some of the people he knew and others he didn't; therefore, he had concerns. He said Mr. Wohlmuth selected the ad hoc committee members that he perhaps would not agree with, and in his dealings with Mr. Wohlmuth, he did things like that. He said he didn't have any confidence in Mr. Wohlmuth. MR. LARRY BEAN, Sandpiper Court West, Palm Desert, stated he came to the meeting, because he wanted to know if it was even legal to conduct closed meetings, but the City Attorney clarified that point. Mayor Spiegel reiterated the meetings will be open. He went on to say the City Manager did not select any of the members that will be serving on the Citizens' Ad Hoc Committee. Councilmember Harnik said it was terrific the meetings will be open to the public. However, she believed the meetings should go forward rapidly in orderto have any change be adopted along with the rest of the City's budget. She guaranteed that the people who were selected for this committee are by no means defined as a fan club for any single member on the Council, because some people the Council agrees and disagrees with, but they have the best interest of the community and believed they will show integrity in this process. She hoped the Committee will have blunt conversations and is provided with as much community, staff, and Council input to make a good decision. Councilmember Benson said the members need to be informed that the Committee is subject to the Brown Act, because two members have already spoken to the press. Councilmember Harnik seconded the motion, and it carried by a 5-0 vote. 27 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE OUTSIDE AGENCY FUNDING COMMITTEE'S FISCAL YEAR 2012-2013 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING RECOMMENDATIONS AND ONE-YEAR ACTION PLAN. Mayor Spiegel declared the public hearing open and invited public testimony FAVORING orOPPOSING this matter. With no public testimony offered, he declared the public hearing closed. Councilmember Finerty moved to by Minute Motion: 1) Approve Outside Agency Funding Committee's FY 2012-2013 Community Development Block Grant (CDBG) funding recommendations as proposed; 2) Approve FY 2012-2013 CDBG One-yearAction Plan; 3) Authorize the City Manager to sign CDBG One-year Action Plan Certifications; 4) Authorize staff to submit the CDBG One-year Action Plan to the U.S. Department of Housing and Urban Development (HUD). 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 April 18 - May 1, 2012. With City Council concurrence, the Meeting Summaries were received and filed. 2. Assistant City Manager Justin McCarthy Mr. Wohlmuth again thanked Mr. McCarthy for all the help he provided him, not only when he returned to the City as its City Manager, but also in the interim while he was out ill for the first month of his term with the City. He said Mr. McCarthy will be sorely missed as Assistant City Manager. B. CITY ATTORNEY Mr. Erwin stated that he felt compelled to comment on Mr. Pippin's comments made under Section Vill - Oral Communications - B - B.1 earlier in today's meeting. He said he knew exactly what he read. He didn't know who prepared the memo, because it was unsigned, but there was clearly a threat in the memo, and it was unfortunate that there was not a copy of it still available. He went on to say he saw the other memos that came to some of the other Councilmembers, which had no language in them to that extent. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 However, he reiterated that he was absolutely certain of what he read, and he merely wanted the Council to be aware of that; and there was a threat. Councilmember Benson appreciated Mr. Erwin's comments, adding that she knew she wasn't delusional. C. CITY CLERK Vote -By -Mail Ballot Collection - June 5 Election — Ms. Klassen reported that City Hall is hosting a Vote -by -Mail (VBM) Collection Box for VBM Ballots in the June 5 Election. The box is installed in the Administrative Lobby and will be available through sometime on Election Day, with ballots being picked up approximately twice/week during this period. Instead of mailing their ballots back to the Registrar of Voters Office, voters can drop them off at City Hall for appropriate handling. She went on to say that in order to provide results quicker after the Election, people were encouraged to use the VBM process, as those ballots are able to be counted prior to close of the polls on Election Night, with those results reported first. D. PUBLIC SAFETY 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) International Council of Shopping Centers (ICSC) — Councilmember Harnik noted that she and Economic Development Manager Ruth Ann Moore would be attending the ICSC Convention next week to explore new retail and commercial opportunities for the City. They will report back on their activities upon their return. 29 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 3. City Council Committee Reports: a) Coachella Valley Animal Campus Commission — Councilmember Finerty reported that she'd advised the Commission that through its budget study sessions, the City of Palm Desert had set aside a $20,000 amount for the Adoption Coordinator. However, she also advised them that the full vote on the City's budget will not be taken until June, and the Commission was very appreciative. Further, she noted that the euthanasia rate had decreased from 66% down now to 48% in March. A slight increase was seen in April to 52% as a result of people leaving town and, unfortunately, their animals behind, along with it being the breeding season. But they were very thankful that funding for the adoption outreach was not cut. b) Palm Desert Youth Committee— Councilmember Harnik stated that she'd been fortunate to participate in some of the Youth Committee Meetings and wanted to let everyone know what an amazing group of young people they are. She said they put a lot of effort into their projects, and it was very much appreciated. c) Coachella Valley Association of Governments— Mayor Spiegel related that at its most recent meeting, an action was taken to charge the City of Palm Desert $80,000 for the Date Palm Overpass Project, and it didn't make much sense. An outside company was hired to determine what percentage of the project each jurisdiction should pay, with the resulting amount being assigned to Palm Desert. He voted against the recommendation, but enough cities supported the recommendation to allow it to pass, and the charge will be forthcoming. 4. City Council Comments: a) Palm Desert Public Library Temporary Facility —Mayor Spiegel commented that last Saturday morning, May 5, it was a great pleasure to open the new storefront, temporary Library facility at Westfield, and it was a very nice event. He said all the Library staff was there, with a good public turnout as well. He said Councilmember Harnik was there too to help cut the ribbon. b) Edith Morrey's 100th Birthday — Mayor Spiegel went onto report that on Saturday afternoon, May 5, he and Councilmember Harnik participated in an event to recognize 30 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 Edith Morrey on her 100" birthday, which was celebrated at Troy on El Paseo. 5. Suggested Items for Future City Council Meeting Agendas: None XIX. ADJOURNMENT On a motion by Finerty, second by Kroonen, and 5-0 vote of the City Council, Mayor Spiegel adjourned the meeting at 5:45 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR 31