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HomeMy WebLinkAbout2001-05-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 10, 2001 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Ferguson convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Mayor Pro-Tempore Richard S. Kelly IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro-Tempore Richard S. Kelly Councilman Robert A. Spiegel Mayor Jim Ferguson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, Asst. City Manager for Community Services/City Clerk Richard J. Folkers, Asst. City Manager for Development Services Homer Croy, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa La Rocca, Director of Housing Joseph S. Gaugush, Director of Public Works/City Engineer David Yrigoyen, Director of Redevelopment Rachelle D. Klassen, Deputy City Clerk MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 V. ORAL COMMUNICATIONS - A The following individuals spoke in opposition to the closure of the ice rink at Westfield Shoppingtown Palm Desert and asked that the Council assist in keeping it open until such time as a new facility is built: MS. NINA WERNICK, 12-158 St. Andrews, Rancho Mirage, President of The Desert Blades and the performing team of The Desert Ice Dazzlers. MR. DOUGLAS BACON, 71-545 San Gorgonio Road, Palm Desert, President of The Desert Coyotes youth hockey organization. He said he was also speaking on behalf of the public at large, including children who go to the ice rink with friends, parents, and grandparents to have fun, socialize, and escape the summer heat. MR. DAVID KEITH, 40-104 Sagewood Drive, Palm Desert. MS. PATRICIA MACDONALD, 77-105 Florida Avenue, Palm Desert. MR. BRUCE WILLIAMS, 74-090 El Paseo, Palm Desert. He asked that the Council appoint a senior member of staff to work with residents to keep them informed of the progress of a new facility. MR. PETER FLAX, 70-450 Placerville Road, Rancho Mirage. MR. LOU USHERWOOD, 77-920 Wolf Road, Palm Desert. MR. HENRY WITHROW, 49-327 Eisenhower Drive, Indio. Mayor Ferguson stated that the City would be putting together a committee to look at this issue. He noted the City had approved a site for a new facility at Gerald Ford and Cook Street over a year ago. He said it was the Council's understanding that the ice rink situation was comfortably in the hands of private development at this point, although he had not heard from the developers. He added that a meeting would be held with representatives of Westfield Shoppingtown concerning renovations. He invited those in attendance who were interested in serving on the aforementioned committee to contact the City Manager's Office. Councilman Crites noted that the ice rink is located on private property and is not a public facility owned by the City. He said the last time this issue arose, the Council suggested that residents go to other cities in the Coachella Valley because the users of the facility come from all over the Valley rather than just Palm Desert.. There was no positive response from any of those other cities as far as having any interest in supporting the facility. He also noted that the City had approved ice rink 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 facilities in several different locations, and he said he hoped the people would approach those developers and ask why so much time has gone by since those approvals and why nothing has yet been built. He said the City had also offered discounted land and financial assistance, and still nothing has been built. With Council concurrence, Mayor Ferguson recessed the meeting at 4:33 p.m. to allow those audience members who wished to leave to do so. He reconvened the meeting at 4:41 p.m. It was announced after Closed Session that Councilman Spiegel and Mayor Ferguson would be meeting with David Hokanson of Westfield tomorrow morning. VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RIVERSIDE COUNTY SHERIFF'S DEPUTY MICHAEL DEAN, CONGRATULATING HIM FOR HIS RECOGNITION BY MOTHERS AGAINST DRUNK DRIVING (M.A.D.D.). Mayor Ferguson stated that Deputy Dean had received recognition by Mothers Against Drunk Driving (M.A.D.D.) and had shown his dedication to the efforts of this organization by removing 152 drunk drivers from public roadways. He made a presentation to Deputy Dean and thanked him on behalf of the entire City Council. B. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF MAY 14-20, 2001, AS "NATIONAL SALVATION ARMY WEEK" IN THE CITY OF PALM DESERT. Presentation of this proclamation was postponed to a later date. C. PRESENTATION TO THE CITY COUNCIL BY MICHAEL WIENER. Mr. Wiener said although he had written an essay for the 2001 Student Art & Essay Contest, it was not chosen by his school as a final entry. He read the essay out loud as a tribute to the City Council. He said without the relationship with the Councilmembers over the last ten years and the encouragement, he would have become a different person. He noted that he would be graduating from Palm Desert High School and would be attending the University of Missouri in Columbia. He added that part of his decision to attend this University was that it was the only campus where he felt the same warmth and sense of community as he had found in Palm Desert. He said he would like to take a bit of his city with him, and he asked if the Council would allow him to have a City flag. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 It was the concurrence of the City Council that a City flag be presented to Mr. Michael Wiener. D. PRESENTATION BY THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) REGARDING CURRENT ACTIVITIES AND PROGRAMS. Regional Representative Cathedral City Mayor Pro-Tem Greg Pettis and SCAG staff member Arnold San Miguel made a presentation to the City Council regarding current activities and programs. The following items were added to the Agenda: E. PRESENTATION OF 2001 STUDENT ART & ESSAY AWARD TO MAJA JERKIC. Mayor Ferguson stated that there was a mix-up at the Art & Essay Award Ceremony last week, and the Council felt this student was not appropriately recognized. On behalf of the entire City Council, he presented a certificate to Ms. Jerkic for her second place finish. F. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF MAY 13-20, 2001, AS "NATIONAL POLICE MEMORIAL WEEK" IN THE CITY OF PALM DESERT. Mayor Ferguson presented this proclamation to the eight officers of the Palm Desert Police Department. He said "National Police Memorial Week" was the week for people to remember police officers who have fallen in the line of duty and to remember and appreciate their efforts on behalf of the public. VII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 26, 2001. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 91, 92, 93, 94, and 94PD Office Complex. Rec: Approve as presented. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 C. MINUTES of Promotion Committee Meeting of March 20, 2001. Rec: Receive and file. D. LETTER OF RESIGNATION from Wayne Connor from the Architectural Review Commission. Rec: Receive with very sincere regret. E. LETTER OF RESIGNATION from David Heveron from the General Plan Advisory Committee. Rec: Receive with sincere regret. F. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Service and Rental of Uniforms and Supplies (Contract No. C18860). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject services. G. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Consolidated Landscape Maintenance Area No. 7 (City's Landscape and Lighting Assessment Districts) (Contract No. C18870). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject services. H. REQUEST FOR APPROVAL OF CONTRACT for Administration of the City's Cafeteria Plan (Contract No. C18880). Rec: By Minute Motion, approve the subject contract with American Family Life Insurance Company (AFLAC) and authorize the Mayor to execute same, subject to the City Attorney's approval. I. REQUEST FOR AUTHORIZATION to Release Improvement Securities for Tract No. 28655 (The Reserve, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 J. REQUEST FOR AUTHORIZATION to Release Mass Grading Improvement Security for Tract No. 28818 (Marriott Shadow Ridge, Phase I) (Marriott Ownership Resorts International, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities. K. REQUEST FOR APPROPRIATION of Funds for Services Relative to Cable Television Franchise Agreement Negotiations. Rec: By Minute Motion, appropriate $10,000 in the Fiscal Year 2000/01 Budget for the cost of legal services for the cable television franchise agreement negotiations. L. REQUEST FOR APPROVAL of Budget for Maintenance of Properties Acquired — Fred Waring Drive Widening Project. Rec: By Minute Motion, appropriate $50,000 from Unobiigated Capital Project Reserve (Fund 400) for a budget to maintain acquired dwellings after acquisition by the City while still occupied by tenants and to maintain property after demolition of improvements before road widening construction begins. M. REQUEST FOR WAIVER of Business License Late Penalty Fees (Roberge Corporation, Applicant). Rec: By Minute Motion, waive the subject penalty fees in the amount of $1,576. N. REQUEST FOR RATIFICATION of Special Sister Cities Subcommittee Reception. Rec: By Minute Motion, ratify the City Manager's approval of expenses for a special reception held by the Palm Desert Sister Cities Subcommittee on Monday, April 2, 2001. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 0. REQUEST FOR APPROVAL of Grant Application for Used Oil Collection and Household Hazardous Waste. Rec: 1) Waive further reading and adopt Resolution No. 01-55, authorizing application for the Used Oil Collection and Household Hazardous Waste Grant to the California Integrated Waste Management Board. 2) By Minute Motion, authorize the Assistant City Manager for Community Services to sign and submit the aforementioned grant application on behalf of the City. P. REQUEST FOR APPROVAL of the Palm Desert Citizens On Patrol Program. Rec: By Minute Motion, approve the program concept, as outlined, and direct staff to move forward with its organization, development, and implementation. Q. CONSIDERATION of Legislative Review Committee Action on Various Pieces of Legislation at its April 17, 2001, Meeting. Rec: By Minute Motion: 1) Concur with the action taken by the Legislative Review Committee and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 72 (Kuehl) (Uniform Storm Water Monitoring Program). 2) Concur with the action taken by the Legislative Review Committee and direct staff to prepare a letter of support for the Mayor's signature with regard to SB 823 (Ackerman, Battin, Costa, Dunn, Haynes, Johannessen, Johnson, Knight, Margett, McPherson, Monteith, Morrow, 011er, Polanco) (Local Law Enforcement Funding). 3) Concur with the action taken by the Legislative Review Committee and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 829 (Karnette) (Funds Transfer - Transportation Purposes). 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001, R. REQUEST FOR APPROVAL of 2001 "Summer of Fun" Contracts and Services. Rec: By Minute Motion: 1) Approve the Tine -up for the 2001 "Summer of Fun" Series — funds are available in Account No. 110-4416-414-3061. 2) Approve a purchase order in the amount of $10,270 with Live Oak Audio Visual, Seattle, Washington, for movies, professional staff, and audio/visual equipment for the subject events. 3) Authorize the Mayor to execute the following Performing Arts Agreements: a) Side Street Strutters - $5,500 (Contract No. C18890); b) Chris Compton - $1,000 (Contract No. C18900); c) Kal David & The Real Deal - $1,800 (Contract No. C18910); d) Yve Evans - $2,200 (Contract No. C18920); e) Susie Hansen Latin Band - $1,900 (Contract No. C18930); f) Calypso Compromise - $2,500 (Contract No. C18940); g) Cody Bryant - $2,000 (Contract No. C18950); h) Riverside County Philharmonic - $12,000 (Contract No. C18960). S. REQUEST FOR APPROVAL of Audio/Lighting Services for 2001 "Summer of Fun" Concert Series. Rec: By Minute Motion, authorize staff to prepare a purchase order in the amount of $15,000 to Musicians Outlet, Palm Desert, California, for audio/lighting services for the ten 2001 "Summer of Fun" Concert Series performances ($1,500 each), which are scheduled to be held in the Palm Desert Civic Center Park Amphitheater beginning May 31, 2001 — funds are available in Account No. 110-4416-414-3061. T. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies 2. Civic Center Energy Conservation Update 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 Upon motion by Spiegel, second by Kelly, the Consent Calendar was approved as presented by a 5-0 vote of the Council. VIII. CONSENT ITEMS HELD OVER None IX. RESOLUTIONS A. RESOLUTION NO. 01-56 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS FOR THE UNDERGROUNDING OF OVERHEAD ELECTRIC AND COMMUNICATION UTILITY FACILITIES PURSUANT TO THE PROVISIONS OF CHAPTER 12.12 OF THE PALM DESERT MUNICIPAL CODE AND THE MUNICIPAL IMPROVEMENT ACT OF 1913. Special Projects Administrator Pat Conlon noted the staff report in the packets and offered to answer any questions. MR. JAMES P. O'MALLEY, 73-460 Feather Trail, Palm Desert, thanked the City Council and staff for their vision and assistance in this matter. Councilman Crites moved to waive further reading and adopt Resolution No. 01-56. Motion was seconded by Spiegel and carried by a 5-0 vote. X. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 979 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.40 OF THE PALM DESERT MUNICIPAL CODE, RECREATIONAL VEHICLES ON PRIVATE PROPERTY. Mr. Erwin stated that there was a change that needed to be made in the wording of the Ordinance's Section 1. He said the last line should read "...without prior approval of the Assistant City Manager for Development Services." 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 Councilman Spiegel moved to waive further reading and adopt Ordinance No. 979 as amended by Mr. Erwin. Motion was seconded by Kelly and carried by a 5-0 vote. B. ORDINANCE NO. 987 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 11.01.200 OF THE PALM DESERT MUNICIPAL CODE, AMPHITHEATER- RESERVATION. Mayor Pro-Tem Kelly moved to waive further reading and adopt Ordinance No. 987. Motion was seconded by Spiegel and carried by a 5-0 vote. XI. NEW BUSINESS A. CONSIDERATION OF PUBLIC SAFETY COMMISSION RECOMMENDATION RELATIVE TO FALSE ACTIVATIONS OF BURGLARY AND ROBBERY ALARMS (NUISANCE ALARMS). Mr. Ortega noted the staff report in the packets. Councilman Spiegel asked if the Public Safety Commission recommendation was that the need for this type of regulation did not exist at this time. Ms. Scully responded that the Public Safety Commission voted 4-1 to recommend that the City Council adopt a nuisance alarm ordinance. She it was staffs recommendation, based on the information provided by the Palm Desert Police Department, that only 1% of the alarms responded to would be considered in the nuisance category; therefore, the need for this type of regulation did not exist at this time. Councilmember Benson agreed and said it would not seem appropriate to have such an ordinance on the books at this point in time. Mayor Pro-Tem Kelly added that alarm systems save the City money as far as security and Police protection, and he did not feel anything should be done to deter the citizens from having such alarm systems or calling 911 when they have problems. Councilman Spiegel moved to, by Minute Motion, determine that the need for this type of regulation does not exist at this time. Motion was seconded by Kelly and carried by a 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 B. CONSIDERATION OF PROMOTION COMMITTEE RECOMMENDATION FOR SPONSORSHIP OF THE 2001 "BATTLE AT BIGHORN." Mr. Ortega noted the staff report and letter in the packets from BIGHORN Golf Club. Councilman Crites moved to, by Minute Motion, concur with the recommendation of the Promotion Committee to provide funding in the amount of $125,000 for this year's "Battle at BIGHORN" to be held on July 30, 2001, and, if approved, appropriate said funds from the Unobligated General Fund Balance for same. Motion was seconded by Spiegel and carried by a 5-0 vote. C. REQUEST FOR RATIFICATION OF NAME CHANGE — AMENDMENT TO THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY JOINT POWERS AGREEMENT (CONTRACT NO. C03400). Upon question by Councilman Spiegel relative to changing the name to Coachella Valley Desert Resorts Convention and Visitors Authority, Councilmember Benson responded that a marketing firm was currently looking at the airport issue and how to attract business, and a name change was one of the things that had been suggested. She added that the chair of the Authority would like to see the name be Palm Springs Valley Convention and Visitors Authority. Councilman Crites agreed with Councilman Spiegel that consideration should be given for a name that reflects who pays the money. Councilmember Benson added that this was basically a housekeeping item because the name was changed in November 1999, and this was to have the cities ratify that name change. Councilman Crites moved toy Minute Motion, concur with the recommendation of the Convention and Visitors Authority (CVA) Executive Committee and ratify approval of the CVA name change amendment, pursuant to the terms of the Joint Powers Agreement. Motion was seconded by Benson and carried by a 4-1 vote, with Councilman Spiegel voting NO. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 XII. CONTINUED BUSINESS A. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR THE WIDENING OF GERALD FORD DRIVE FROM PORTOLAAVENUE TO COOK STREET (CONTRACT NO. C18800, PROJECT NO. 677-99) (Continued from the meeting of April 26, 2001). Mr. Ortega noted staffs request for continuance of this item. Councilman Spiegel moved to, by Minute Motion, continue this item to a time uncertain to allow staff to explore potential developer reimbursement alternatives. Motion was seconded by Kelly and carried by a 5-0 vote. XIII. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACTS FOR THE DESERT WILLOW ENTRY CIRCLE LANDSCAPE IMPROVEMENTS. Mr. Ortega noted the staff report in the packets. Councilman Spiegel asked if the road could still be widened after these improvements are done. Mr. Yrigoyen responded that this could still be done. Upon question by Councilman Crites relative to the Washingtonia Filifera palm trees, Mr. Yrigoyen responded that these trees would look the way they do in their natural environment. Mayor Pro-Tem Kelly moved to, by Minute Motion: 1) Award Contract No. C18400 for Desert Willow Entry Circle Landscape Improvements to Pink, Inc., Palm Desert, California, in the amount of $34,987.91; 2) award Contract No. C18400-A for sole -source acquisition and installation of palm trees at the site to Randy G. Meyers & Nurseries, Palm Desert, California, in the amount of $25,200; 3) authorize a 15% construction contingency in the amount of $8,848; 4) appropriate $69,035.91 from Fund 241 for the project. Motion was seconded by Benson and carried by a 5-0 vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 B. REQUEST FOR AWARD OF CONTRACT FOR THE 2001 OVERLAY/RESURFACING PROGRAM (CONTRACT NO. C18530, PROJECT NO. 752-01). Mayor Pro-Tem Kelly moved to, by Minute Motion: 1) Award the subject contract to Granite Construction Company, Indio, California, in the amount of $1,409,904 and authorize a five percent (5%) contingency in the amount of $70,495.20 — totaling $1,480,399.20; 2) authorize the Mayor to execute said contract; 3) appropriate $39,251.55 to Account No. 110-4311-433-3320 from the Unobligated General Fund; 4) appropriate $268,247.70 from the Unobligated Gas Tax Fund (Fund 211); 5) budget estimated revenue for Transportation Congestion Relief Fund received under AB 2928 to Fund 211. Upon question by Councilmember Spiegel relative to providing this information to the residents on the affected streets, Mr. Gaugush responded that staff would look methods of notifying those residents well in advance. He added that he felt the City's newsletter would be a good opportunity for this information to be provided. Motion was seconded by Councilman Spiegel and carried by a 4-0-1 vote, with Mayor Ferguson ABSTAINING because Granite Construction Company is his client. C. REQUEST FOR AWARD OF CONTRACT FOR THE 2001 SLURRY SEAL PROGRAM (CONTRACT NO. C18540, PROJECT NO. 751-01). Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Pavement Coatings, Cypress, California, in the amount of $268,865 and authorize a five percent (5%) contingency in the amount of $13,443.25 —totaling $282,308.25; 2) authorize the Mayor to execute said contract. Motion was seconded by Crites and carried by a 5-0 vote. D. REQUEST FOR AWARD OF CONTRACT FOR FRED WARING DRIVE UTILITY UNDERGROUNDING (CONTRACT NO. C18630, PROJECT NO. 687-00). Councilman Crites moved to, by Minute Motion: 1) Award the subject contract to the joint venture of lntec Telecommunications, Palm Desert, California/United American Utilities, Rialto, California, in the amount of $1,399,000 and authorize a ten percent (10%) contingency in the amount of $139,900 for the project — totaling $1,538,900; 2) authorize the Mayor to execute said contract — funds are available in Fund 400. Motion was seconded by Spiegel and carried by a 5-0 vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 E. REQUEST FOR APPROVAL OF CHANGE TO FRED WARING DRIVE IMPROVEMENTS PROJECT AND ADDENDUM TO MITIGATED NEGATIVE DECLARATION FOR FRED WARING DRIVE WIDENING. Mr. Ortega noted the staff report in the packets. Councilman Crites moved to: 1) By Minute Motion, approve a change to the Fred Waring Drive Improvements Project; 2) waive further reading and adopt Resolution No. 01-57, adopting an amendment to the Mitigated Negative Declaration for the project to widen Fred Waring Drive between San Pascual and Deep Canyon Road; 3) by Minute Motion, find that the change to the project will not have a significant effect on the environment. Motion was seconded by Spiegel and carried by a 5-0 vote. F. REQUEST FOR APPROVAL OF AMENDMENT TO CONTRACT FOR ENGINEERING SERVICES — FRED WARING DRIVE WIDENING PROJECT (CONTRACT NO. C18260). Mr. Ortega noted the staff report in the packets. Councilman Crites moved to, by Minute Motion: 1) Approve a contract amendment to the subject contract with Tetra Tech/ASL, Palm Desert, California, in the amount of $76,490 for additional services on the subject project, including construction observation, administration, engineering support, and surveying; 2) appropriate said funds from the Unobligated Capital Project Reserve (Fund 400) for same. Motion was seconded by Kelly and carried by a 5-0 vote. G. REQUEST FOR APPROVAL OF CITY OF PALM DESERT SOLAR ASSISTANCE PROGRAM. Mr. Conlon reviewed the revised staff report and recommendation. He said staff would like to order from Siemens Solar Industries the SM100 model, which are only $395 each compared with $445 each for the SM110 model, for a total of $118,500 rather than the $133,500 as recommended in the original staff report. Councilman Spiegel stated that his understanding was that this will not cost the City anything because the panels will be purchased by residents, businesses, and employees of the City. Mr. Conlon responded that staffs plan was to purchase 300 of the panels. If something happened and no one then purchased those panels, the City would be able to utilize all 300 of the panels in its own projects. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 Councilman Spiegel suggested that the City be ecumenical and open this up so that anyone in the Valley who wishes to purchase these solar panels from the City of Palm Desert could do so. Councilman Crites said although he liked the spirit of Councilman Spiegel's suggestion, he would rather the City meet its own demand first and then determine whether or not to expand to the entire Valley. Mr. Conlon said he would like to leave the door open. He said if the program is as successful as he thinks it will be, he would like to be able to come back to the Council with the monies received from the purchase of these panels and order another 300. He said he had been contacted by the Cities of Rancho Mirage and Palm Springs, and he stood ready to assist those staff members in setting up similar programs. He added that the City's Building Department would be working with this program to make sure the panels are installed properly for the consumers, and he felt it would be good for the other cities to follow Palm Desert's lead. Mayor Ferguson said he was in favor of stimulating interest in solar programs; however, he was not interested in having the City of Palm Desert get into the solar business itself. He said if what Palm Desert does for its residents stimulates CVAG to implement a Valley -wide program, he would be in favor of that as well; however, he wanted to make sure that the consumers who purchase these panels, have the City's inspectors go out and make sure they are installed, and then do not get the expected energy savings they were thinking they would get, do not believe they have recourse against the City of Palm Desert for having encouraged them in this program in the first place. Mr. Erwin agreed that this was a concern, and it would be important to make sure that area is covered so there is no exposure to the City. Mayor Ferguson asked if the City had the ability to have the consumers sign a waiver of warranties on behalf of the City, and Mr. Erwin agreed and said this would be done. With regard to offering this program Valley -wide, he said he would like the opportunity to look into that matter before any formal action is taken in that regard. He said he had a concern about the expenditure of Palm Desert funds for citizens outside the City. MS. DIANA LAMAR, 43-827 Acacia Drive, Palm Desert, asked if it was known how much electricity these panels would generate, how much it would cost to have them installed, and how she would go about getting them installed. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001, Upon question by Councilman Spiegel relative to getting the word out to the community, Mr. Conlon responded that a brochure would be available to hand out to residents; in addition, this information would be included in the special edition of the City's newsletter about the energy crisis. Councilman Crites noted that a Councilmember from the City of Blythe had contacted him earlier that day and requested Mr. Conlon's assistance in establishing a similar program in that city. Mayor Ferguson asked whether the Architectural Review Commission would review these solar panels inasmuch as the City has an ordinance relative to roof -mounted equipment and requiring certain screening for same. Mr. Drell responded that a decision would be made relative to the most aesthetic solution, but there are limited options. Councilman Spiegel added that there are some gated communities that will not allow solar panels. Councilmember Benson moved to, by Minute Motion: 1) Approve Contract No. C18830 with Siemens Solar Industries, Camarillo, California, for the purchase of 300 Model #SM100 photovoltaic solar panels at the cost of $395 each, totaling $118,500, subject to final review and approval by the City Attorney; 2) authorize the Director of Finance to appropriate $118,500 from the General Fund Unobligated Reserves for the aforementioned contract; 3) approve the City of Palm Desert Solar Assistance Program and amended conditions thereof for residential and business owners located in Palm Desert; 4) approve the Solar Assistance Program and conditions thereof for the employees of the City of Palm Desert. Motion was seconded by Spiegel and carried by a 5-0 vote. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 XIV. PUBLIC HEARINGS A. CONSIDERATION OF A REQUEST BY LAMB ARCHITECTS ON BEHALF OF HAMPTON INN FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN/CONDITIONAL USE PERMIT FOR A THREE-STORY, 88-ROOM HOTEL TO BE CONSTRUCTED ON 2.4 ACRES ON THE NORTH SIDE OF GERALD FORD DRIVE, APPROXIMATELY 200 FEET WEST OF COOK STREET, 74-900 GERALD FORD DRIVE; REQUEST INCLUDES APPROVAL OF A MASTER PLAN OF DEVELOPMENT FOR THE THREE LOTS FRONTING ON GERALD FORD DRIVE WEST OF COOK STREET AND AN APPROVAL OF TOWER ELEMENTS IN EXCESS OF 35 FEET ON THE HAMPTON INN Case No. PP/CUP 00-27 (Lamb Architects, Applicant). Planning Manager Steve Smith reviewed in detail the staff report and recommendation. He noted the proposed 88-room Hampton Inn would be located on the northwest corner of Gerald Ford Drive and Cook Street. He said the first part of the application was for approval of a development master plan for the area on the north side of Gerald Ford westerly of Cook Street. He said there were three uses in that area, including a future service station on the corner and a future restaurant on the westerly -most portion of the site, with the hot& toward the middle. He noted that Council, in 1997, approved the overall planning concept for this area, and the property subject to the current application was included. Upon question by Mayor Pro-Tem Kelly, Mr. Smith responded that there was a bus shelter on the southeast corner on the college site. Mayor Pro-Tem Kelly said he felt there should be a shelter along Gerald Ford Drive as well. Mr. Smith stated that staff would contact SunLine Transit Agency before this project proceeds. He added that condition #11 indicated that a shelter will be put in if it is required. Mayor Pro-Tem Kelly asked if the developer would participate in building a shelter, and Mr. Smith responded that the developer would participate in providing the area for the shelter. Councilman Crites asked whether a normal condition of approval would be that the developer build the shelter. Mr. Smith responded that this had been done in the past with other developments. Councilman Spiegel asked if the developer would work with the City in financing the widening of Gerald Ford Drive in front of that property. Mr. Gaugush responded that the project was specifically conditioned to provide that widening. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 Councilman Crites said the developer was providing the absolute minimum of parking spaces required. He asked if staff was comfortable with this. Mr. Smith responded that additional parking spaces would be picked up in the overall development of that area for the restaurant. He added that staff had not anticipated any reduction in the normal parking requirement for the restaurant. Councilman Crites asked if a condition could be added that such a reduction cannot happen, and Mr. Smith responded that condition could be put on the master plan. Councilmember Benson expressed concern that this would be located in the major planning area of the General Plan Committee which was considering whether the area from Portola to Cook Street should be master planned as a university park or university city. She said she was not sure whether a Hampton Inn at the entrance to this area was something that the Council would necessarily want because Hampton Inns are probably the most basic of highway hotels rather than first-class hotels. She added that with the current General Plan process, it would seem premature to approve something at the entrance to that property. Mayor Ferguson declared the public hearing open and invited testimony in FAVOR of this request. MR. DANIEL BOWERS, representative of Lamb Architects, disagreed with Councilmember Benson's comments relative to the Hampton Inn being a basic freeway -type of hotel. He said that was not what the theme of this development was nor was it the intent of this developer. He said Hampton Inns were scattered throughout the country, and it was a dynamic franchise that had been taken over by the people who run the Hilton hotel chain. He said the proposed hotel would be designed for families and students. The landscaping would be extensive in compliance with the City's landscaping requirements. The towers were not extensively high and were balanced in a massing theme around the building to primarily accomplish undulation with the building. He said it was designed in a theme that could conceal and hide the necessary HVAC mechanical units. With regard to the guest rooms, he said they had taken the windows and set them eight inches back into the rooms by providing an oversized exterior building frame. This would provide shadow line and sun screening. He added that the theme and the intent of the client was to provide a pleasant, nice amenity in addition to the other amenities in the City of Palm Desert, not to provide a freeway truck stop type of hotel. Councilman Crites asked if Mr. Bowers would consider providing the absolute minimum landscape depth as evidence of the developer's "extensive commitment." 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 MR. BOWERS said he had gone through Planning staff and several extensive revisions of the landscape plan, and upon staffs recommendations, the landscaping had been increased by adding retention areas in the front and incorporating them with the meandering theme around the front of the property, incorporating the building with palm trees and shrubs, and landscaping around the pool to provide a spa/resort feel. He said staff had asked them, as the hotel developer, to provide an overall site development plan. Councilman Crites asked if the developer was going to be putting in all of the landscaping for the development when the hotel is approved. MR. BOWERS responded that it was his understanding this developer would be putting in landscaping for the hotel property; when the gas station comes through the approval process, it has to take care of its portion of landscaping as part of the approval. Councilman Crites stated that the way the plans were presented, it looked as if the developer would be providing nothing along Gerald Ford. Mr. Bowers responded that they would provide landscaping only where the hotel property line was along Gerald Ford. Councilman Crites said he could not imagine approving a project with the major street upon which it faces having no landscaping. He said he could not imagine that being acceptable to staff or with any commission or committee. Mr. Smith stated that the landscaping takes place in the retention basins, and staff would not allow the developer to leave those retention basins as just dirt. Councilman Spiegel stated that the developer was planning the hotel, and the property would also include a restaurant and gas station/convenience store. He asked where those other two facilities stood at the present time. MR. BOWERS responded that it was his understanding that the plans for the gas station and convenience store were currently at Planning staff for review. He said this would be handled by a separate architectural firm, and the restaurant would also be handled by a separate firm. Councilman Spiegel said it would be difficult for him to approve anything without seeing the whole thing. Mayor Ferguson invited testimony in OPPOSITION to this request. No testimony as offered, and he declared the public hearing closed. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 Councilman Crites agreed with Councilman Spiegel. He said he felt it was unacceptable to approve part of a project without seeing the architectural and landscaping plans for the rest of the project and to approve a project which has no landscaping on a major street. Mayor Pro-Tem Kelly said he felt the entire project should be considered at the same time rather than one piece at a time. Councilman Spiegel said he did not having anything against Hampton Inns, and this project, when built out, will bring a minimum of $200,000 per year to the City of Palm Desert. He said this was a nice looking hotel project, but he felt the entire project should be considered at one time. Mayor Ferguson said he had complete empathy with Councilmember Benson's comments. He said this was about the third example he could think of where the Council is turning down projects due to uncertainty created by the General Plan update process. He said he had asked that the Council consider imposing a moratorium, and that was not adopted. In the meantime, developers were investing money, time, and effort to put together plans that he personally did not feel would ever comport with the City's new General Plan. He also agreed with comments made by Councilman Crites that the entire project should be considered as one item. He also said he did not like the idea of all of the traffic coming off the freeway to be serviced by this project having to make u-turns to get back onto the freeway. Councilman Crites moved to, by Minute Motion, deny this project. Mr. Erwin suggested that the Council consider sending the project back to the Planning Commission to be coordinated with the adjacent project(s). He also suggested that the Council, if it decides to deny the project, deny it without prejudice. Councilman Crites amended his motion to, by Minute Motion, deny the project without prejudice and return the case to the Planning Commission to be coordinated with the adjacent project(s). Motion was seconded by Kelly and carried by a 5-0 vote. Upon motion by Kelly, second by Crites, and unanimous vote of the Council, Mayor Ferguson adjourned the meeting at 6:20 p.m. to Closed Session. He reconvened the meeting at 7:00 p.m. 2.0 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 B. CONSIDERATION OF A REQUEST BY COOK STREET ASSOCIATES, LLC, FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN OF DESIGN FORA 16,000 SQUARE FOOT OFFICE/SHOWROOM BUILDING AT THE NORTHWEST CORNER OF SHERYL AVENUE AND COOK STREET, 42-595 COOK STREET; REQUEST ALSO INCLUDES APPROVAL OF A DEVELOPMENT AGREEMENT, WHICH WILL LIMIT USES IN THE PROJECT TO THOSE WITH A PARKING REQUIREMENT OF TWO SPACES PER 1,000 SQUARE FEET OF FLOOR AREA OR LESS Case Nos. PP 01-03 and DA 01-01 (Cook Street Associates, LLC, Applicant). Planning Manager Steve Smith reviewed the staff report in detail, noting that the project would be created with parking at two spaces per thousand square feet. The reduced parking would forever limit the uses in the building to those with the lower parking requirement. He said the applicant had provided five statements from nearby residents supporting the application. He said the project as proposed meets the parking requirements for the uses anticipated; in order to assure long-term that the building will continue to be in that use range, staff was suggesting the need for approval of a development agreement that would include that condition. --- Mayor Ferguson declared the public hearing open and invited testimony from the applicant. MR. SABBY JONATHAN, 42-620 Caroline Court, Suite 102, Palm Desert, said the intent for this in -fill lot was to create an upscale retail showroom use, to enhance the area, and to provide an effective transition from Cook Street to the surrounding residential neighborhood. Councilman Crites asked if Mr. Jonathan had an opportunity to address the architectural concerns the two of them had discussed several days ago. Those concerns were as follows: 1) On the north side of the building, the roof line and architectural enhancements seen on the east side should be extended around so that the parking lot from the apartments does not face a blank wall; 2) The west side, which has the loading facilities, should have the architectural treatments extended around as well so that it is as attractive as the front of the building; 3) That a way be found to make the roll -up doors in the loading facilities no longer look like roll -up doors so that residents and people driving by are not faced with the industrial aspects of the building. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 MR. JONATHAN responded that the concerns had been addressed, explaining that the roof lines would be extended to the opposite side of the building. Additionally, he said there would be a cut-out around each door, as well as a shade structure; his architect indicated that could be enhanced with more of a bisque and trellis -type structure to surround, in addition to the landscaping discussed. As far as the doors, he said they would be painted to match the wall; they were not aware of any other materials for the doors (industrial doors were unlike garage doors made of wood) but offered to continue to pursue them, adding that he was open to such modification and wanted to reach the City's objectives. Mayor Ferguson invited testimony in FAVOR of or OPPOSED to this project. With no testimony offered, he declared the public hearing closed. Mayor Pro-Tem Kelly said he felt there should be enough parking provided to take care of the development regardless of whether or not the development agreement is followed. He also felt that eventually there might be a tenant that does not fit the development agreement, and someone will have to go out there and tell the tenant he or she has to close the business. He said he did not feel the City should set itself up for that kind of situation. With regard to the trash bins, he said he felt they should be faced out to the alley so that trash trucks can get into and out of the alley without having to back up the whole distance. He added that he felt there should be a condition for provision of a bus shelter and turnout on the east side. He said at this time, he did not feel the project fit the location. Councilman Crites agreed with Mayor Pro-Tem Kelly and said this project would have the absolute minimum parking for its requirements. He said he was not comfortable with having the absolute minimum on something where there may be issues where a tenant might or might not fit. He added that he would like to see a better parking arrangement. He said he would also like to see what the architecture would look like when it is carried around to the back area. Councilmember Benson shared concerns raised about people having to look at the delivery doors. She agreed the uses were right for the area and that the project would blend well with the office professional along Cook Street. She said she did not have any problems with it being at this location if it is designed so that it does complement the area. Councilman Spiegel agreed with Councilmember Benson. He said Cook Street is really the only industrial street in the City of Palm Desert. He said he was not suggesting that the Council should not review the architecture as 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 suggested by Councilman Crites, but he felt the project would be an asset to Cook Street rather than a detriment. He said at an appropriate time, he would make a motion to continue this matter to allow the developer time to come back with more specific information. Mayor Ferguson concurred with Councilmen Crites and Kelly. He said he felt this was a challenging corner to develop. He said what started out as an industrial area had become a mixed -use retail, office professional area rather than industrial. He added that in recognition of that fact, he felt the developer was rightly putting something there that is more akin to what is already out there; however, to then revert to standards that are industrial to approve the project did not make sense to him. Mayor Pro-Tem Kelly noted a stipulation from staff relative to a bus shelter, and he asked that specifics about a bus shelter be included when this matter is brought back to Council. Councilman Spiegel moved to, by Minute Motion, continue this matter for 30 days, requesting that upon its return, the cases should include more specifics regarding conditions for a bus shelter, trash enclosure, and the number of tenants. Motion was seconded by Ferguson and carried by unanimous vote. C. REQUEST FOR APPROVAL OF THE SALE OF LOT NUMBERS 30 (APN 622-351-030-8), 128 (APN 622-351-128-4), 130 (APN 622-351-130-5), AND 139 (APN 622-351-139-4) LOCATED AT 43-155 PORTOLA AVENUE (PORTOLA PALMS MOBILE HOME PARK) AT FAIR MARKET VALUE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega noted the staff report in the packets and offered to answer any questions. Upon question by Councilmember/Member Benson, Ms. La Rocca responded that this would leave one lot for sale and one that was being held for future ingress and egress to the park on Magnesia Falls. She added that there were also five or six lots that were currently leased. Mayor/Chairman Ferguson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, he declared the public hearing closed. Councilman/Member Benson moved to: 1) Waive further reading and adopt City Council Resolution No. 01-60, authorizing the Palm Desert Redevelopment Agency to sell 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 mobile home lot numbers 30, 128, 130, and 139 located at 43-155 Portola Avenue (Portola Palms Mobile Home Park) and making a finding that the monetary consideration recovered for the sale is not Tess than fair market value; 2) waive further reading and adopt Redevelopment Agency Resolution No. 416, authorizing the sale of mobile home lot numbers.30, 128, 130, and 139 located at 43-155 Portola Avenue (Portola Palms Mobile Home Park) at fair market value. Motion was seconded by Spiegel and carried by a 5-0 vote. XV. REPORTS AND REMARKS A. CITY MANAGER 1. Reauest to Schedule Adjourned Joint City Council/RDA Meeting to Consider the Preliminary Budget for Fiscal Year 2001/02. Mr. Ortega noted that a public hearing to adopt the budget for Fiscal Year 2001/02 had been scheduled for the last week in June. He requested that Council schedule a joint meeting to discuss the preliminary budget prior to that time. B. CITY ATTORNEY 1) Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Buildings, 73-710/720 Fred Waring Drive, Palm Desert, CA 92260 Negotiating Parties: Agency: Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Bergren & Associates Under Negotiation: x Price x Terms of Payment Councilman Spiegel moved to add the following item to the Closed Session Agenda. Motion was seconded by Crites and carried by a 5-0 vote. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 2) Property: Known as Westfield Shoppingtown Palm Desert (72-840 Highway 111, Palm Desert, CA) Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Westfield Corporation Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court Case No. INC 013297 NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. b) Renee Capela v. City of Palm Desert, Riverside County Superior Court Case No. INC 021720 Councilman Spiegel moved to add the following item to the Closed Session Agenda. Motion was seconded by Crites and carried by a 5-0 vote. c) Michael Ellis v. City of Palm Desert, Riverside County Superior Court Case No. INC 018398 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 3 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager Councilman Spiegel moved to add the following item to the Closed Session Agenda. Motion was seconded by Crites and carried by a 5-0 vote. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 Negotiating Parties: Carlos L. Ortega/City of Palm Desert Palm Desert Employees Organization 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 2) Report and Action on Items from Closed Session Made at This Meeting. None C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Constituent Request Relative to Time Warner Cable (Councilman Buford A. Crites). Councilman Crites noted the correspondence in the packets from Ms. Susan Marie Weber relative to Time Warner Cable. Councilmember Benson stated she had met with Ms. Weber previously relative to not wanting to provide her Social Security Number to Time Warner in order to have cable service. She said she had pointed out to Ms. Weber that people give their Social Security Numbers to a lot of other places, not just to Time Warner Cable. Mayor Ferguson stated that in the several years he spent working with U.S. Senator Barry Goldwater, this was one of the most written about issues. He said the consistent answer from the Social Security Administration was that the Social Security numbering system was never intended to be a national identification system and was never intended to be required of individuals for anything other than the payment into the retirement system. He said he was surprised to hear that Ms. Weber would be denied service by someone who has a franchise with the City unless she provided her Social Security Number. Councilman Spiegel stated that Ms. Weber had met with the Technology Committee, and staff was directed at that time to contact Time Warner and come back to the Committee with a report. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 Mrs. Gilligan stated that a letter was received earlier that day from Time Warner indicating they do require Social Security Numbers in order to receive service other than basic cable. She said there were other options available such as a deposit. Councilman Spiegel stated that as indicated by Ms. Weber in her letter, she had offered to give Time Warner a deposit but was turned down. Mrs. Gilligan stated that per Time Warner's letter, they have spoken with Ms. Weber and were working out the situation with her. With Council concurrence, staff was directed to return with a report on this matter at the Council meeting of May 24, 2001. 2. Consideration of Funding for the Coachella Valley Rescue Mission. Councilman Spiegel moved to add this item to the Agenda for Council consideration. Motion was seconded by Benson and carried by a 5-0 vote. Councilman Spiegel stated that the Coachella Valley Rescue Mission had recently closed due to financial difficulties, leaving people homeless. He said $50,000 in matching grants had come forward, and it was his understanding that the City of Palm Desert had monies available to assist the Coachella Valley Rescue Mission in remaining open. He proposed that the City provide $20,000 toward that matching grant, with a suggestion that other cities in the Valley do the same. MR. MICHAEL LANDES stated that as part of the reorganization of the Coachella Valley Rescue Mission, he had been named as President. He gave a brief report about the Mission, noting that it was the only such rescue mission between Los Angeles and Phoenix. He said there had been an outpouring of support since the Mission had been forced to close. Mr. Jerry Johnson, Pastor of Lily of the Valley Church, would be the Executive Director. In addition, there was a new Board that was committed to not only re -energizing the Mission but also adding integrity and accurate accounting and accountability to the Mission. He noted they had the $50,000 grant mentioned by Councilman Spiegel that they knew would kick in once $90,000 is raised. $5,000 was received 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 at the Mission today, and an additional $1,300 was pledged by people responding to the media announcements. A foundation had come in and pledged $10,000, and the deacons of the Palm Desert Presbyterian Church indicated they wanted to donate $10, 000. Councilman Crites moved to, by Minute Motion, approve funding for the Coachella Valley Rescue Mission in the amount of $25,000. Motion was seconded by Kelly and carried by a 5-0 vote. 3. Councilman Crites asked staff to consider placement of the City's extra generator at the recreation hall at Palm Desert Country Club. o City Council Committee Reports: 1. Update on Energy Issues (Councilman Buford A. Crites). Councilman Crites stated that Councilman Spiegel represented the City at CVAG's Executive Committee, which approved an RFP to look at the municipal utility concept. He said the data responses were due back on June 1, 2001, and a meeting would be held the meeting of June 4th to put together a short list of candidates. By June 25th, a recommendation would be presented to CVAG's Executive Committee, and it was hoped that by the week of August 13th an initial report would be back from whoever is selected in terms of some of the municipal options. Councilman Crites also reported that at CVAG earlier that day, a screening panel was appointed to look at other energy issues such as power plants, etc. He said that Stan Sniff, Vice Chair of Energy and Environment, would be chairing this panel whose members include Supervisor Roy Wilson, Councilman Percy Byrd, and several others. He said there were also training classes both for Title 24 and photovoltaic installations. He also presented his colleagues with the "Energywise Resource Directory" which lists all of the various places where one can find information that might be of value regarding some of these issues. 2. Councilman Spiegel commented that at one time there was discussion about making the Homme Park an open dog park. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2001 However, the City had a leash law, and perhaps it would need to be amended should the open dog park idea be pursued. 3. Councilman Spiegel noted that at 9:00 a.m. on Saturday, June 2, 2001, seven members from "A League of Their Own" would be inducted into the Palm Desert Hall of Fame at a dedication to be held at Legends Field. 4. Councilman Spiegel noted that the Parks & Rec Commission was looking at the General Plan Open Space Requirements and was also continuing to look at a facility for high school students, possibly adding a building onto the existing Community Center, if unsuccessful, it could be used for gymnastics programs. 5. Councilman Crites reported on Sister Cities activities and the continued pursuit of establishing a relationship with Zihuatanejo in Mexico. 6. Councilman Crites gave a report from CVAG's Energy & Environment Committee. He said there were still some PM10 issues. He also noted a request from CVAG for the City to appoint a someone as a lead staff person for PM10 mitigation to work with their staff and for CVAG to call upon for such matters. XVI. ADJOURNMENT Mayor Ferguson moved to adjourn the meeting to Closed Session at 7:40 p.m. Motion was seconded by Crites and carried by a 5-0 vote. Mayor Pro-Tem Kelly reconvened the meeting at 8:45 p.m. and immediately adjourned with no action announced from Closed Session. SHEILA R. GILL�tGAN, CLERK CITY OF PALM DESE, 1. CALIFORNIA 29