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HomeMy WebLinkAbout2001-10-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 11, 2001 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Ferguson and "Mayor For The Day" Austin Weiss convened the meeting at 4:02 p.m. II. PLEDGE OF ALLEGIANCE - Mayor For The Day Austin Weiss 111. INVOCATION - Mayor Jim Ferguson 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, ACM for Community Services/City Clerk Richard J. Folkers, ACM 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 David Yrigoyen, Director of Redevelopment Mark Greenwood, Engineering Manager Rachelle D. Klassen, Deputy City Clerk MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 V. ORAL COMMUNICATIONS - A MR. ROB BALLEW, Director of the Family YMCA of the Desert, Palm Desert, announced that the YMCA had been selected by the Golf Cart Parade Committee to be its Charity of Choice, and Councilmember Jean Benson would be the YMCA's Chairperson to honor the organization in the parade on November 4. He also invited the Council to be his guests at the opening night of the YMCA Haunted House on Friday, October 19. VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE LEGACY HOME FURNISHINGS FOR ITS CONTRIBUTION TO A HABITAT FOR HUMANITY HOME ON CATALINA WAY (Rescheduled from the meetings of August 23 and September 27, 2001). Ms. Sheila Weinstock received the presentation on behalf of Legacy Home Furnishings. B. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 11, 2001, AS "CAM'S CORNER DAY" IN THE CITY OF PALM DESERT. Mr. Frank Griffin of Cam's Corner accepted the proclamation. C. PRESENTATION TO THE CITY COUNCIL BY DR. PETER WILSON, CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO - PALM DESERT CAMPUS. Dr. Peter Wilson, Dean of the Palm Desert Campus, announced that, indeed, the name of the facility was now, "California State University, San Bernardino - Palm Desert Campus," which was an accomplishment that deserved recognition. He also updated the Council on the progress at the site and invited Councilmembers to contact him for a personal tour. VII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 27, 2001. Rec: Approve as presented. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 28, 29, 30, 31, 32, 33, 29PD Office Complex, 31 PD Office Complex, and 33PD Office Complex. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Palms to Pines Enterprises, Inc., for Washington Street Chevron, 77920 Avenue of the States, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Julia Padilla for Villa Corona Mexican Cuisine, 44820 San Pablo Avenue, Palm Desert. Rec: Receive and file. E. CITY'S COMPLIANCE ANALYSIS AND INVESTMENT REPORT for the Months Ending July 31, and August 31, 2001. Rec: Receive and file. F. PRESENTATION of Report on Agreed -Upon Procedures for Cash and Investments for the Fiscal Year Ended June 30, 2001. Rec: Receive and file. G. MINUTES of City Committee and Commission Meetings. 1. Art In Public Places Commission Meeting of July 18, 2001. 2. Citizens' Advisory Committee for Project Area No. 4 Meeting of June 18, 2001. 3. Investment & Finance Committee Meeting of July 18, 2001. 4. Promotion Committee Meeting of June 19, 2001. 5. Public Safety Commission Meeting of July 11, 2001. 6. Sister Cities Subcommittee Meeting of July 19, 2001. 7. Technology Committee Meeting of September 4, 2001. Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 H. REQUEST FOR APPROVAL of the Use of Library Foundation Funds (Donated by Soroptimist International of Palm Desert) for the Purchase of Various Pieces of Equipment for the Palm Desert Library. Removed for separate consideration under Section VIII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. I. REQUEST FOR APPROVAL of Contract for the Purchase, Installation, and Storage of Additional Holiday Decorations for the Civic Center (Contract No. C19520). Rec: By Minute Motion: 1) Approve the subject contract with Harrington Decorating Company, Inc., Huntington Beach, California, in the amount of $12,750 and authorize the Mayor to execute same; 2) appropriate said funds from Account No. 110-4416-414-2190 (Unobligated General Funds) for same. J. REQUEST FOR APPROVAL of Design Concept for Ruth's Chris Steak House Art In Public Places Compliance. Rec: By Minute Motion, approve the Art In Public Places Commission recommendation to approve design concept for stained glass windows by Desiree Doerfler, D-ZIGN, Inc., for Ruth's Chris Steak House located at 74-738 and 74-740 Highway 111. K. REQUEST FOR APPROVAL of Design Concept for Desert Aurora Surgical Associates Artwork. Rec: By Minute Motion, approve the Art In Public Places Commission recommendation for Dr. C. Rosenblum of Aurora Surgery Center to commission Artist Jon Krawczyk to design an entryway artwork for the medical building located at 73-950 Alessandro Drive. L. REQUEST FOR APPROVAL of Design Concept for Commission of Artwork at Morningstar Plaza. Rec: By Minute Motion, approve the Art In Public Places Commission recommendation for Dr. Suresh Shah to commission Artist Russell Jacques to create an artwork for the Morningstar Plaza Building located at 73-733 Fred Waring Drive. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 M. REQUEST FOR RATIFICATION for Expenditure of Police Contingency Funds for Public Safety Program Supplies for School Resource Officers. Rec: By Minute Motion, ratify the authorization of the expenditure of $4,325 of Police Contingency Funds for program supplies. N. REQUEST FOR RATIFICATION of the Waiver and Transfer of the Award of Juvenile Accountability Incentive Block Grant 2001 (JAIBG) to the Riverside County Probation Department. Rec: By Minute Motion, ratify the authorization to waive and transfer the award of funds allocated to the City of Palm Desert under the JAIBG to the Riverside County Probation Department for the purpose of establishing a Countywide gang network and suppression plan — said waiver would authorize the award of $5,151 via the JAIBG. O. REQUEST FOR APPROVAL of Supplemental Appropriation for Legal Expenses Related to Cable Franchise Negotiations. Rec: By Minute Motion, approve a supplemental appropriation of $10,000 in FY 2001/02 for legal services related to cable franchise negotiations. P REQUEST FOR APPROVAL of the Serving of Alcohol on City Property for the Sister Cities Welcome Reception. Rec: By Minute Motion, approve the serving of alcohol on City property during the Sister Cities Welcome Reception on November 2, 2001. Q. REQUEST FOR WAIVER of Fees for the Historical Society of Palm Desert's Annual Picnic. Rec: By Minute Motion, waive fees associated with the subject event to be held on Sunday, March 3, 2002, at Pavilion #1 at Palm Desert Civic Center Park. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 R. REQUEST FOR APPROVAL of Actions Related to the Lease of Mobile Radios to the Bureau of Land Management. Rec: By Minute Motion: 1) Approve the expenditure of $8,954.40 from the Police Contingency Fund to lease four (4) mobile radios from the Riverside County Department of Technology for use by the Bureau of Land Management; 2) approve a Memorandum of Understanding (MOU) between the City of Palm Desert and the Bureau of Land Management (Contract No. C19530). S. REQUEST FOR ACCEPTANCE of the Local Law Enforcement Block Grant Award and Approval for the Matching Fund Expenditure. Rec: By Minute Motion, concur with the recommendation of the Public Safety Commission and accept the Local Law Enforcement Block Grant Award ($39,206) and approve the matching fund expenditure of $4,887, for a total of $44,093, and appropriate $44,093 in the Public Safety Police Grant Fund — estimated revenues of $39,206. T INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies None 2. Civic Center Energy Conservation Update 3. Report on Palm Desert Golf Course Facilities Corporation Ms. Klassen asked that Item H be removed for separate discussion under Section VIII, Consent Items Held Over, of the Agenda in order to amend the recommendation. Upon motion by Kelly, second by Spiegel, the remainder of the Consent Calendar was approved as presented by a 5-0 vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 VIII. CONSENT ITEMS HELD OVER H. REQUEST FOR APPROVAL of the Use of Library Foundation Funds (Donated by Soroptimist International of Palm Desert) for the Purchase of Various Pieces of Equipment for the Palm Desert Library. Ms. Klassen noted that at yesterday's meeting, the Library Committee approved recommending to the Council the expenditure of Library Foundation funds donated by Soroptimist International of Palm Desert for enhancement of Library services. She said since the staff report was prepared, there were additional items such as traffic control items (stainless steel posts and roping) that would make it professional looking. The Library Committee voted unanimously to approve that as well. The total amount of the expenditure had, therefore, been increased to $7,500 because the traffic control equipment was $1,500. Mayor Pro-Tem Kelly moved to, by Minute Motion, approve the expenditure and appropriation of funds in an amount not to exceed $6,000 from those held in trust from the former Library Foundation Account (funds pledged and donated by Soroptimist International of Palm Desert) for the following pieces of equipment for the Palm Desert Library: 1) Additional shelving for expansion of the video and DVD selections, books on tape, and large print selection areas near the front lobby area and installation of same ($4,200); 2) paperback rotating display rack for the youth area plus a replacement tower to utilize the existing rack ($600); 3) two (2) metal shelving carts ($500); 4) estimated sales tax, shipping/handling ($700); 5) traffic control system for area of the Library's Circulation Desk, system to include stainless steel posts, roping, and signage in the amount of $1,500. Motion was seconded by Crites and carried by a 5-0 vote. IX. RESOLUTIONS None X. ORDINANCES For Introduction: A. ORDINANCE NO. 1007 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.36 OF THE PALM DESERT MUNICIPAL CODE, RELATING TO REGULATION AND PROHIBITION OF SMOKING. Mr. Erwin stated that when this first came to the Council some months ago, there were a number of people who voiced objections, and he had 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 subsequently rewritten the ordinance with a Council Subcommittee. Copies of the draft ordinance were sent to all individuals who had appeared and requested to be on the list, and he had not received any comments about the revised ordinance. He noted it was also his understanding that no comments had been received by the City Clerk's Office. He said this ordinance would regulate the entrances and exits to City -owned public buildings and other outdoor locations belonging to the City of Palm Desert and provided that there would be no smoking except in those areas so designated. Mayor Ferguson noted that the Council Subcommittee consisted of Councilmembers Benson and Spiegel. Councilman Spiegel asked if the non-smoking areas in the City's park would be designated rather than those areas where smoking was allowed. Mr. Erwin responded that the "no smoking" signs would be placed at the entrances, with identification of those places within the public areas where smoking is allowed. Councilman Spiegel noted it was his understanding that no smoking was allowed within 40 feet of City Hall; however, there are some City employees who do smoke, and he asked if a location had been considered for those employees. Mr. Erwin stated this was possible under the ordinance as written. Councilmember Benson stated that while she had not received any calls in opposition to this ordinance, she had received calls from people thanking the City for doing this and asking if the Committee needed any support to get this ordinance passed. She said she had advised that she felt the Council was all of the same mind on this matter and thanked them for calling. Councilman Kelly said he felt the 40-foot limit might be a little extensive. In addition, if the City was going to provide a place for employees to smoke, he hoped it would be in the shade and would be appropriate and comfortable. Councilman Crites asked that a diagram be provided before second reading of this ordinance showing the proposed areas for permitted employee smoking. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1007 to second reading, with staff directed to bring back with the ordinance at its second 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 reading a diagram of proposed areas for permitted employee smoking, ensuring that they would be comfortable areas. Motion was seconded by Benson and carried by a 5-0 vote. For Adoption: A. ORDINANCE NO. 1005 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 1001 AND AMENDING SECTION 10.36.010 OF TITLE 10 OF THE PALM DESERT MUNICIPAL CODE (SPEED ZONES - MONTEREY AVENUE). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1005. Motion was seconded by Benson and carried by a 5-0 vote. B. ORDINANCE NO. 1006 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 15.04 OF THE PALM DESERT MUNICIPAL CODE (RESCINDING ORDINANCE NO. 939) RELATING TO BUILDING CODE ON BUILDING ADDRESS REQUIREMENTS. Mayor Pro-Tem Kelly moved to waive further reading and adopt Ordinance No. 1006. Motion was seconded by Spiegel and carried by a 5-0 vote. Councilman Spiegel asked how this information would be provided to the community. Mr. Croy responded that staff would be providing information through the El Paseo Business Improvement group, the Chamber of Commerce, etc. With Council concurrence, staff was directed to notify the business/commercial community with articles or fliers in both the Bright Side and the Palm Desert Chamber of Commerce newsletter. XI. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE ASSIGNMENT AND TRANSFER OF A CABLE TELEVISION FRANCHISE HELD BY TWI SUMMIT CABLE, INC., TO TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP. Contracts Administrator Robert Kohn reviewed the staff report and offered to answer any questions. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 Councilman Spiegel asked if the term of the agreement was one year, noting that this was what the Committee voted on. Mr. Kohn stated that this was a transfer of ownership, not the franchise agreement itself, which was still being considered. Councilman Spiegel moved to: 1) Waive further reading and adopt Resolution No. 01-109, authorizing and consenting to the assignment and transfer of a cable television franchise held by TWI Summit Cable, Inc., to Time Warner Entertainment- Advance/Newhouse Partnership; 2) by Minute Motion, approve of the Assignment and Acceptance Agreement and authorize the Mayor to execute same. Motion was seconded by Kelly and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF ACTIONS TO IMPLEMENT THE BEFORE/AFTER SCHOOL PROGRAM IN COOPERATION WITH THE DESERT SANDS UNIFIED SCHOOL DISTRICT AND FAMILY YMCA OF THE DESERT. Mr. Ortega noted the staff report provided to the Council and stated that staff was available to answer any questions. Mayor Pro-Tem Kelly asked if any money would be spent besides just applying for the grant. Mrs. Gilligan responded that the Memorandum of Understanding (MOU) would commit the City to funding through matching grants. She added that this was a pilot program, and staff was recommending approval for a one- year trial period. She said a grant had to be applied for by October 22nd, which the School District should do. She said the MOU provided for that as well as establishment of a program in the event a grant is received. With grants in the amount of $175,000, the City's matching funds would be $43,750. Upon question by Mayor Ferguson as to whether the School District had agreed to execute the MOU as prepared and in the staff report, Mrs. Gilligan responded that the District had agreed verbally. In addition, this was on the School Board Agenda for next week, and staff would be attending that meeting to present the matter. She noted that the grant application was contingent upon the School District entering into the MOU. She added that any future City funding would have to be part of the City Manager's budget proposal. Councilmember Benson moved to, by Minute Motion: 1) Approved the proposed Memorandum of Understanding with the Desert Sands Unified School District to work in cooperation with the City of Palm Desert in the filing of a grant application for the 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 establishment of an After School Program at Lincoln Elementary School and Palm Desert Middle School; 2) authorized the City Manager to negotiate an agreement with Felicia Granillo & Associates to prepare said grant application in cooperation (allows negotiation with all parties) with the Desert Sands Unified School District, the Family YMCA of the Desert, and the Coachella Valley Recreation & Park District. Motion was seconded by Spiegel and carried by a 5-0 vote. XII. CONTINUED BUSINESS A. CONSIDERATION OF CITY PARTICIPATION IN CONSTRUCTION COSTS FOR OFF -SITE IMPROVEMENTS ASSOCIATED WITH PRECISE PLAN 01-03, COOK STREET PLAZA — NORTHWEST CORNER OF COOK STREET AND SHERYL AVENUE (COOK STREET ASSOCIATES, LLC, APPLICANT) (Continued from the meeting of September 27, 2001). Mr. Ortega noted that this matter was continued from the last meeting at the request of the applicant. Councilman Crites stated that in discussing this with the applicant, there seemed to be an impression that the requirements for the Cook Street work came as a surprise and that such requirements were not clear or not present in the initial reports and in the agreements. Mr. Folkers stated that when this was first brought up, the bus shelter was not included, and this resulted in additional costs. Based on the concerns expressed, staff reviewed the situation and felt approximately $50,000 would be appropriate for the City to cover as far as costs. Councilman Crites stated that the applicant indicated his responsibilities were not included in the documents and that he did not know he would be doing this. He asked if this was correct. Mr. Drell stated that it was his understanding the requirement for the bus shelter and the road improvements were part of conditions of approval in the Planning Commission resolution. He said while they may have been late in coming relative to the entire process, they were included in the Public Works conditions. Mr. Greenwood added that the conditions were indeed included in the Public Works conditions from the start. He also concurred that the applicant received this information at a fairly late date but prior to the Planning Commission and City Council meetings. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 Councilman Spiegel stated that it was his recollection that the applicant agreed to pay for the bus shelter after that condition was brought forward. He said he did not remember the requirement about the applicant paying his fair share of the widening of Cook Street while property owners along the rest of Cook Street did not have to pay anything because they were already there. Mayor Pro-Tem Kelly stated that the requirement to widen Cook Street was already in the documents, and the bus shelter was added. Councilmember Benson asked whether all of the merchants along Cook Street were being assessed to help widen the street. Mayor Pro-Tem Kelly stated that the City has the standard requirement to assess property owners as the vacant land is developed and to require the ultimate width of the street. Councilman Spiegel said this did not seem fair for one piece of property to have to pay because almost all of the west side of Cook Street is already developed all the way to Hovely, and when that side is widened, the people who are already there will not be assessed. Mayor Pro-Tem Kelly stated that if the Council feels this is a smaller piece of property and that this is an onerous requirement, it can make the decision to participate in the construction costs; however, he felt this decision should not be made on the basis of determining that staff did not handle this correctly. He added that staff did handle this correctly, and this is the same requirement all over the County and also in the Measure A program. He also asked what amount the applicant was planning to spend for the bus shelter, and the applicant responded that $17,000 was being planned for that. Councilman Crites asked what had been done for other property on Cook Street that had already been developed. Mr. Folkers stated that from Country Club south, all of the roadway was widened several years ago. In the proposed area, the street width is narrower on the west side; therefore, as part of the development requirements, the developer is required to widen in that area. Upon question by Councilman Spiegel, Mr. Folkers responded that the total cost for everything was approximately $170,000. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 Councilman Crites asked what the cost would be for the Cook Street widening portion. MR. SABBY JONATHAN stated that he had read the conditions of approval many times, and it was his understanding that the developer was not required to pay for the widening. He said his understanding through the entire planning process was that the responsibility of the applicant was to dedicate a portion of the property for the widening and to design the project in such a way that it will facilitate future widening. He said there was nothing in the conditions of approval, nor was it ever discussed until the plan check process. He said the cost to do the widening was a minimum of $140,000. Part of the reason was that Southern California Edison had indicated that the two poles now on the street would have to be moved, and the cost for that was a minimum of $50,000, with the possibility that it would go up to $75,000, depending on whether or not there are conduits at the bottom. He said there may be some drainage issues which had not yet been addressed as well. He noted that even if the City contributed $50,000, the project could not move forward because the project would be burdened with over $100,000 in extra costs. He said they, as the developers, were challenged to accommodate the requests of the Council in terms of the bus shelter, there was extra parking allowed, which reduced the size of the project, and there were extra design elements on the rear and on the side. He said they had agreed to those and did not take issue with them, but they had added to the cost and to the feasibility of the project. He stated that the consequences to the City if this does not move forward at this stage is that they will just land bank it; if at some point the City wants to widen Cook Street, it will have to come in and purchase the part of the property that the developer is now agreeing to dedicate to the City. He said his proposal at this point, since the project itself does not need the widening in any way, would be that the City just eliminate that condition rather than contributing $50,000. He said the building would be designed to accommodate future widening, and a part of the land would be dedicated for that purpose. Councilman Crites stated he felt the time to have this discussion was when the project was first being looked at. He said he took a difference of opinion on the fact that parking and other things had driven up the costs. He said the developer changed the use of the land, and the Council looked very carefully on what it thought that land use would change and what kind of traffic and parking it would generate. He said those were not attempts to drive up the cost of the project but to make the project work for the developer and for the City. If the project does not pencil because of the kinds of things it needs to have in order to be a good project, then so be it. He said he did not feel it was appropriate to come in and suggest that the City requirements 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 had driven this up in such a fashion that now unless something else happens, the project goes away. MR. JONATHAN said that was not the intended message to the Council. He said they were happy and appreciative of the design enhancements, and they had no problem with them. He noted the only reason he brought them up was to explain that there is not a lot of fluff left, they were already at their limits, and he was trying to explain why that was the case. He said they had no exception with those enhancements, they were happy to see them, and they felt they would end up with a better product. Mayor Ferguson said it seemed to him that the City had what he thought was a well -understood development principle, not just our city and every city he had ever dealt with and certainly in every application he got when he was on Planning Commission, and that was that once a property is developed, you cannot require them to dedicate land and make improvements in widening a street. The only time you can properly burden a developer with a cost is at the time they seek entitlements, and that has been every case with him since he was on the Planning Commission. He said if there was some ambiguity to the rule, it could either be clarified now so that it is crystal clear for everyone or it could be made murkier by coming up with an exception to it. He said the one time the City did come up with an exception was with Mike Homme's property at Fred Waring and Monterey, which had two right- hand turn pockets, a bus shelter, some undergrounding, and well into the substantial six figures, over a half million dollars, of off -site improvements for an irregularly -shaped small lot next to an apartment complex. He said it was his understanding the City did provide him some relief. The question is, if that is the rule, what is there about this project that is an exception? He said Mr. Jonathan had mentioned the bus shelter, and he said he frankly would rather pay for a bus shelter than pay for the $50,000 at this point. If it is only $17,000, it was hard for him to see why a $17,000 burden justified a $50,000+ windfall from the City. He said his concern was that the City has a process that is fair to the entire development community. He said he knew that when exceptions were made with Mike Homme, there would be someone coming along saying, "me too," and if the City makes an exception with this property without carefully articulated reasons for why it is making an exception, the next developer is going to come along, and the City's one little ability to get the developer to widen the road is going to erode into nothing. He added that it may not be that this project pencils out, but he did not see a reason to deviate from the planning and engineering principles involved in how to get the public and private partnership to widen roads. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 Mayor Pro-Tem Kelly noted that the University site was required to widen Cook Street, and that was a normal requirement on every project that develops. Councilman Spiegel asked if the applicant had any knowledge of this additional expense when the project was brought to the Council previously. MR. JONATHAN responded that this did not come up until after the approval by the Council. It came up during the plan check process, and that was the first time it was discussed. He added that his understanding was specifically that the requirement on this project would be to dedicate a portion of the land, and they fully agreed to that, and to design the project in such a way that it would accommodate future widening of Cook Street by the City. Councilman Spiegel asked staff if it was normal to let an applicant know up front what the expenses are going to be before he goes through all of the approval process. Mr. Greenwood responded that the City typically issues conditions of approval which are fairly standard. He said the same wording is applied to project after project, with changes for the specific locations. He said staff does not apply costs because that is the developer's side of things. Councilman Crites asked if those were the same conditions that this applicant received, and Mr. Greenwood responded that they were to the best of his knowledge. Councilman Crites said he felt he should read the set of conditions given to the developer to see what they say. He noted that Mr. Jonathan had been a Planning Commissioner for many years and had read those conditions over and over again. He said he would like to read them to see what those requirements are and whether a "reasonable person" would read into it the things being discussed here. He said if he was hearing Mr. Jonathan correctly, he was now not asking for a $50,000 contribution from the City but rather the entire amount of it to be waived, and that was very different. Mayor Pro-Tem Kelly said these conditions were all a part of the approval process, and when he voted in favor of that project, all of these things were part of his consideration. Any change should have been done when the project was being approved. He said he could not believe that a Planning Commissioner who has served for 20 years does not know that is a requirement on every project. In addition, he could not believe the City Council did not understand that that had been a condition of every project ever done. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 Councilman Spiegel suggested continuing this matter to the next meeting in order to allow Council time to read the conditions of approval. Mayor Ferguson stated it was completely clear from his point of view. If the Council was to grant this, he said he knew Rick Hughes would be in here right afterward because he had a bowling alley turned down on his corner, and he will not want to widen his street either and will point right at Mr. Jonathan and say, °he got an up zone, he didn't have to widen his street, I don't want to widen my street." He said his concern really was not about the $50,000 or the $140,000, it was about the City losing the ability to have a private development share the burden equally. He said an argument could be made by the developer that he was the last to come and, therefore, the expense should not be borne by him alone, and he said he was sympathetic to that argument. However, for the developer to say he did not know, he did not understand, he did not read, it was confusing, really did not sit well with him. Mr. Jonathan stated that there were several discussions that lead to their understanding. It was not that they failed to read the conditions or misinterpreted them because they read and reread them. He said he should have come to the City Council and asked what it wanted on this property, and he was still willing to do that and to be a partner with the City to create something that works for everyone. He said the specific condition of approval was #5 under Director of Public Works, and he read a portion as follows: "...is required under Palm Desert Municipal Code Section 26.28, and in accordance with Section 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements has commenced." He said the wording continued and talked about what those plans will include —"...but not limited to the widening of Cook Street right-of- way dedication and the widening of Cheryl Avenue right-of-way dedication." Upon question by Mayor Ferguson, Mr. Jonathan stated it was his understanding that they would not do any of the widening nor that it would take place at this time but that they would design the project in such a way that it would accommodate that widening. Plans were submitted that do that, and documents had been prepared to dedicate a portion of the property. Councilman Crites stated that he did not see any option but to continue this matter and to have both a response from City staff and from the City Attorney. He said he could not imagine that he would have voted for this project, at a minimum, without requiring that side street to have been improved, and certainly not at the City's expense when the applicant is doing it. If the identical condition is for the one street as for the other street, then 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 he felt this lead him inexorably to a conclusion about what was intended for both streets. Whether that is good policy or not he said was a separate question. Councilman Crites moved to continue this matter to the meeting of October 25, 2001, and ask for a report from staff and the City Attorney. Mayor Ferguson stated he would concur with a continuance but not for any clarification because it was perfectly clear to him, and there was nothing he heard today that would cause him to vote for $50,000. He said he would agree to continue the matter so that something else could be worked out that is fair to the entire development community and does not give the City the appearance of making a special exception fora Planning Commissioner who did not understand the conditions. Mayor Pro-Tem Kelly said it was clear to him that the developer was the one responsible for widening the street and putting in the curbs and gutters rather than the City. He said the City had been doing this the same way for as long as he had been on the Council. Motion was seconded by Spiegel and carried by a 4-1 vote, with Mayor Pro-Tem Kelly voting NO. B. CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION ON ABX2 52 (REYES) AT ITS MEETING OF SEPTEMBER 18, 2001 (Continued from the meeting of September 27, 2001). Note: Items B and C were discussed together. Mrs. Gilligan stated that she had met that morning with the Director of Finance, and the Governor had indicated he would not sign these bills, so they were, in essence, dead for this year. She asked if the Council could send them back to Legislative Review and table them for now. Councilman Spiegel moved to table Items B and C. Motion was seconded by Kelly and carried by a 5-0 vote. C. CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION ON AB 1199 (CARDENAS) AT ITS MEETING OF SEPTEMBER 18, 2001 (Continued from the meeting of September 27, 2001). Note: Items B and C were discussed together. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 Mrs. Gilligan stated that she had met that morning with the Director of Finance, and the Govemor had indicated he would not sign these bills, so they were, in essence, dead for this year. She asked if the Council could send them back to Legislative Review and table them for now. Councilman Spiegel moved to table Items B and C. Motion was seconded by Kelly and carried by a 5-0 vote. D. REQUEST FOR REVIEW OF A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, GRANTING PRELIMINARY APPROVAL TO THE ARCHITECTURAL PLANS FOR AN 18,079 SQUARE FOOT, TWO-STORY OFFICE BUILDING AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND WASHINGTON STREET, 77-990 FRED WARING DRIVE Case No. C 01-04 (Lyle -Hall, LLC, Applicant) (Continued from the meeting of September 27, 2001). Mr. Smith stated that staff had an opportunity to look at the needs in the property acquisition and what possible future street widenings there might be. Staff had come up with an amount of property necessary and had discussed this with Mr. Lyle and the Desert Breezes Homeowners Association. Both had agreed to provide the property, not necessarily free of charge, and the project would be amended to allow for the acquisition of the property. Staff was recommending that the Council dismiss the appeal subject to the applicant agreeing to amend the site plan to accommodate the future entry monument. He said it talking with Mr. Lyle this morning, that was acceptable to him. Upon question by Mayor Ferguson, Mr. Smith responded that the appeal was filed by Councilman Crites. Upon question by Councilman Crites relative to staff looking at the site, Community Arts Manager Carolyn Miller stated she had looked at the site at the direction of Councilman Crites. She said she had spoken with other staff, and they had decided there is a location that would be amenable to installation of an entry monument. She said it would be a bit tight, but it would work. Mayor Pro-Tem Kelly stated that he and Councilman Crites had looked at the site as well, and he asked if the applicant was going to provide some extra property at the location for the monument. Mr. Smith responded that per the diagram included in the staff report, the monument would take up most of parking spaces 54 and 55, and the applicant was going to make the space available to the City. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 Councilman Crites moved to dismiss the request for review, pending the Applicant's — agreement. Motion was seconded by Spiegel and carried by a 5-0 vote. E. CONSIDERATION OF TERM OF MAYOR AND MAYOR PRO-TEMPORE (Continued from the meeting of September 27, 2001). Mr. Erwin noted the staff report in the packets. He said the resolution attached to the staff report had been modified, creating the term of office to be January 1 through December 31 of each year, with the Council reorganization to take place at the Council's first regular meeting in December each year or the second meeting in November. Mayor Pro-Tem Kelly stated that the Council had been doing this for at least as long as he has been on the Council, with the only discrepancy, a two - week difference between some mayors, being due to the certification of the election. He said he did not feel the policy should be changed other than having the Council reorganization take place the first meeting in December. Mrs. Gilligan noted that the City Clerk is responsible for canvassing the election within 30 days. The first meeting in December could occur as late as December 14th, which would not coincide with the 30-day limit. She said the way this had been handled in the past is that an adjourned meeting is held at the end of November to swear in the new Councilmembers and to select the Mayor and Mayor Pro-Tem. Mayor Pro-Tem Kelly suggested that the same timetable be used for off - election years. That way, everyone would serve the same amount of time as Mayor and Mayor Pro-Tem. Councilman Spiegel agreed that the City had been doing this the same way for almost 28 years, and it had not seemed to caused any problems. He suggested continuing with the current policy. Mayor Pro-Tem Kelly moved to leave the policy as it currently exists. Motion was seconded by Spiegel. Councilmember Benson said she felt it would be nice if everyone knew exactly what date this would take place so they could invite their families and friends to attend the meeting. Deputy City Clerk Rachelle Klassen noted that last year, the first meeting in December was not until December 14th, and the results of the election had to be declared on or before December 5th. If the Council reorganization was 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 held the first meeting in December, that would mean there were two meetings that families and friends would want to attend, one meeting to declare the results of the election and swear in the newly elected Councilmembers, and a second meeting to conduct the Council reorganization. Councilmember Benson said she felt the families would want to come to the reorganization ceremony itself rather than the canvass of the election. Mayor Pro-Tem Kelly moved to waive further reading and adopt Resolution No. 01-110, as amended to reflect reorganization taking place and term of Mayor and Mayor Pro-Tempore to begin at the City Council's first regular meeting in December each year. Motion was seconded by Spiegel and carried by a 5-0 vote. XIII. OLD BUSINESS A. REQUEST FOR APPROVAL OF THE RELEASE OF APPARENT LOW BIDDER AND AWARD OF CONTRACT FOR THE STORM DRAIN CONSTRUCTION ON GERALD FORD DRIVE FROM PORTOLA AVENUE TO COOK STREET (CONTRACT NO. C19170, PROJECT NO. 501-01). Mr. Ortega noted the staff report in the packets. Councilman Spiegel moved to, by Minute Motion: 1) Pursuant to Palm Desert Municipal Code Section 3.30.120, release 4-Con Engineering, Inc., Fontana, California, from their apparent low bid on the subject contract; 2) award the subject contract to Hemet Manufacturing Company dba/Genesis Construction, Hemet, California, in the amount of $365,575; 3) approve a 10% contingency for the project in the amount of $36,557.50; 4) authorize the Mayor to execute the agreement. Motion was seconded by Crites and carried by a 5-0 vote. B. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF A RIGHT TURN POCKET ON SOUTHBOUND HIGHWAY 74 AT THE ENTRANCE OF SILVER SPUR MOBILE HOME MANOR (CONTRACT NO. C19180, PROJECT NO. 686-00). Mr. Ortega noted the staff report in the packets. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Granite Construction Company, Indio, California, in the amount of $117,711; 2) authorize the Mayor to execute same; 3) authorize a 10% contingency in the amount of $11,771.10; 4) appropriate $129,482.10 from Unobligated Measure "A" Funds. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Mayor Ferguson ABSTAINING. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 C. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C17530-A— STREET, SIGNAL, AND DRAINAGE IMPROVEMENTS AT HIGHWAY 111 AND HIGHWAY 74/MONTEREY AVENUE FROM PLAZA WAY TO SAN MARCOS AVENUE. Councilman Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 1 in the amount of $41,123.12 to the subject contract with Gueno Development Company, Inc., Carson, California, and authorize the Mayor to execute same; 2) authorize the transfer of said funds from contingency to base for the subject project. Motion was seconded by Kelly and carried by a 5-0 vote. XIV. PUBLIC HEARINGS None XV. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of Special Event and Temporary Use Permit for Same by Westfield Shoppingtown Palm Desert. Councilman Spiegel moved to add this item to the Agenda. Motion was seconded by Crites and carried by a 5-0 vote. Mr. Ortega reviewed the staff report, noting that the Director of Community Development had authority to approve certain events under a conditional use permit, subject to conditions. He said this specifically referred to car sales that had been held at the Westfield Shoppingtown. Councilman Spiegel stated he had asked that this item be considered by the Council. He noted that the Planning Director gave permission to Westfield to have a used car sale on its lot. He said there was chain link fencing, a tent, balloons, signs, etc. He felt if the City was to continue to make this kind of exception, that would mean similar events could be held in other areas of the City such as Desert Crossings, in the Best Buy center, and by Mervyns. He said he felt it would be wrong to permit used car sales going on indiscriminately throughout the City of Palm Desert. Mayor Pro-Tem Kelly said he felt sales of approximately $3 million was very attractive, and if it is in a location that is not obtrusive, such 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 as Westfield Shoppingtown, and if it is a serious enough thing that the Council needs to approve any of these types of sales, perhaps that should be done. Just because this event was approved at Westfield Shoppingtown does not mean it would be allowed in other places. He added that he did not think the event at Westfield caused the City any problems. It brought in a lot of people, and the City received a lot of sales tax. In addition, the people most likely shopped at the mall, ate in the City's restaurants, purchased gasoline, etc. Councilman Crites said it might be appropriate to ask Mr. Drell, between now and the next Council meeting, to provide guidelines to the Council as to the approval of this type of event. He agreed the area at Westfield where this event was held was probably as tucked - away a spot as the City has in its commercial areas; however, he agreed there were points of validity in both his colleagues' points of view. Mr. Drell noted that the signage for the event was restricted to the two entrances on Plaza Way and Monterey Avenue, and they were not allowed to place a banner or signage on Highway 111 as they requested, nor were they allowed to have any of their vehicles on Highway 111. Councilmember Benson stated that the City had gone through similar situations in the past with the large balloons on top of some of the stores and the Klieg lights in other areas. She suggested under the Special Events Temporary Use Permit regulations that perhaps these events could be limited to one time only, and if another special event is to be held at the same location, it would have to be a different kind. Mayor Pro-Tem Kelly said he would have no problem with Westfield having three or four of these events each year. He also felt the site of the last event was a good location. The events stimulate sales and sales tax and bring people to the City. Councilman Spiegel stated that if a request was received to have a similar car sales event at Desert Crossings, it would be difficult for him to deny such a request because of the event approved at Westfield. Mayor Ferguson stated he did not see anything wrong with what Westfield did in terms of the use, and he agreed completely with 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 Mayor Pro-Tem Kelly. Secondly, he said the more discretion we give individuals in the City, the more prone they are to criticisms by individuals that exercise that discretion is uneven or it is too subjective. Third, if the City requires restaurant owners to obtain a temporary use permit just to have amplified music in the back yard of their businesses, it is not a big leap for him to say that people who want to have a used car lot sale ought to go through a temporary use permit process. He said it would not have to come to the Council, and the Planning Commission could have final review. He added that he did not think one person should have the authority to approve these types of events. He agreed with Councilman Spiegel and said he would like to have something a little more formal in the way of review. Mr. Drell stated that a temporary use permit is something that he approves, where conditional use permits go to the Planning Commission. Councilman Crites asked if the information included with the staff report entitled "Economic Impact of an Auto Tent Sale" was information about this one event that was held in Palm Desert. MS. NICOLE BOGGS, Specialty Leasing Representative, Westfield Shoppingtown, agreed that the information was a recap about the Palm Desert event. Mayor Ferguson said he would feel more comfortable as Mr. Drell issues permits for these types of special events if a memorandum is provided to the Council requesting their input. He said this would address his concerns. Mayor Pro-Tem Kelly moved to, by Minute Motion, grant approval for the used car sales requested for November. Motion was seconded by Ferguson and carried by a 3-2 vote, with Councilman Spiegel and Councilmember Benson voting NO. Mayor Pro-Tem Kelly moved to, by Minute Motion, direct staff to notify the City Council of future Temporary Use Permit applications that are considered to be significant in nature by virtue of the type of event or its location. Motion was seconded by Benson and carried by a 5-0 vote. Councilman Crites asked how many of these events Westfield could have per year. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 Mr. Drell responded that they could have three events per year. He said they were entitled to ten days per calendar year, and these are three-day events. He said it was his original perception that this was something that was more appropriate in the off-season. Councilman Crites moved to reconsider Council's action approving the November event because this event would be right in the holiday season, past Thanksgiving and before Christmas. Motion was seconded by Spiegel and carried by a 3-2 vote, with Mayor Ferguson and Mayor Pro-Tem Kelly voting NO. MS. BOGGS, stated that the "north 40" parking lot area was used for overflow parking and employee parking during the holiday season. That lot is barely filled the first two weeks of December, and that is why the second car sales event was considered during that time. She said they did not feel it would impact the employees or customers in a negative way. Mayor Pro-Tem Kelly asked if another weekend in November would work for such an event rather than the weekend after Thanksgiving. MS. BOGGS said she would check to see if that would be okay; however, she felt the weekend of November 10-11 or November 17-18 would be possible. Councilman Crites moved to, by Minute Motion, direct that there be no Temporary Use Permits approved for Westfield Shoppingtown from the time period of Thanksgiving through Easter, so as not to impede shoppers at the center during the high season. Motion was seconded by Spiegel and carried by a 4-1 vote, with Councilmember Benson voting NO. Mayor Ferguson asked if Westfield Shoppingtown could have the car sales event if it is before Thanksgiving, and staff and Council agreed it could be held. B. CITY ATTORNEY 1. Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 1) Property: APNs 637-340-029/064 (NWC Fred Waring Drive/Washington Street) Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Cpfw/Lyle-Hall, LLC & Desert Breezes Master Association Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex, 73-710/720 Fred Waring Drive, Palm Desert, CA Negotiating Parties: Agency: Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Palm Desert Chamber of Commerce Under Negotiation: x Price x Terms of Payment 3) Property: Lease Property - Parkview Professional Office Complex, 73-710/720 Fred Waring Drive, Palm Desert, CA Negotiating Parties: Agency: Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Arthritis Foundation Under Negotiation: x Price x Terms of Payment Councilman Spiegel moved to add the following two items to the Closed Session Agenda. Motion was seconded by Councilmember Benson and carried by a 5-0 vote. 4) Property: NEC Country Club Drive/Oasis Club Drive Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: ABD Palm Desert 118, LLC Under Negotiation: x Price x Terms of Payment 5) Property: Easements throughout the City of Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Southern California Edison Under Negotiation: x Price x Terms of Payment 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 Conference with Legal Counsel regarding existing litigation pursuant to Govemment Code Section 54956.9(a): a) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court Case No. INC 013297 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 Councilmember Benson and carried by a 5-0 vote. c) O. Michael Homme v. City of Palm Desert, Small Claims, Riverside County Superior Court Case No. PSS 015373 Councilman Spiegel moved to add one item to the following Closed Session Agenda items for a total of three. Motion was seconded by Councilmember Benson and carried by a 5-0 vote. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 3 Councilman Spiegel moved to add the following item to the Closed Session Agenda. Motion was seconded by Councilmember Benson and carried by a 5-0 vote. Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 3. Report and Action from Closed Session at This Meeting. Please see the City Attorney's announcement made at Adjournment. C. CITY CLERK None 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Consideration of Request from Retired and Senior Volunteer Program (RSVP) for Sponsorship of its Annual Volunteer Recognition Luncheon to be Held November 13, 2001 (Mayor Jim Ferguson). Mayor Ferguson stated that the City had already done its Outside Agency contributions for the year, and he asked if the Council felt this merited City involvement. Councilmember Benson said she would be in favor of approving this for the work this organization does in the Valley. With City Council concurrence, the City Manager was directed to exercise his authority to approve this sponsorship and the accompanying expenditure of funds. 2. Request for Status Report on September 11 Impact on City of Palm Desert's General Fund and Reserves (Councilman Robert A. Spiegel). Councilman Spiegel stated that he had asked the City Manager to provide the Council with an update on the effect of the City's General Fund due to the disaster on September 11, 2001, because it looked as if the City might not make its General Fund revenue budget for this coming year. He said he had met with the City Manager who stated that based on the City Treasurer's input, it appeared the City would be $4.9 million below that budgeted in General Fund Revenues. Mr. Ortega added that a memorandum with this information had been drafted and sent to the Council today. 3. Appreciation for Traffic Signal at the Intersection of Portola Avenue/Shadow Mountain Drive (Councilmember Jean M. Benson). Councilmember Benson expressed her appreciation for the subject traffic Tight. In response to inquiry, staff members answered that they were aware of the problem with the street sign, and repair was underway. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 o City Council Committee Reports: 1. Update on Energy Issues (Councilman Buford A. Crites). Councilman Crites reported that the CVAG Energy & Environment Committee reviewed two proposed power plants, both of which will use natural gas: 1) CalPine, a 600-megawatt plant on the Torres -Martinez Reservation; 2) SunLine/Pickens Fuel project, a 120-megawatt plant to be sited along Ramon Road on the outskirts of Thousand Palms. He said SunLine would possibly make a presentation to the Council at its meeting of October 25, 2001. He said the Energy & Environment committee is recommending that CVAG apply to the California Energy Commission for "Interested Agency" status to be informed of any power plants. Report from Riverside County Transportation Commission (Mayor Pro-Tempore Richard S. Kelly). Mayor Pro-Tem Kelly reported that of the approximately $31 million of Discretionary Funding available, one of the City of Palm Desert's applications had been ranked first. The project was to widen a portion of Monterey Avenue, and subject to final approval, the award would be about $2 million. He said a formal report would be made to the Council at its next meeting. 3. Mayor Pro-Tempore Kelly reported that today's newspaper contained an article about the upcoming NCAA Prestige Golf Tournament to be held at Desert Willow. Colleges that will be participating are: Stanford, UC-Davis, Pepperdine, Texas Christian, US Air Force Academy, UC-Irvine, UCLA, UC-San Diego, UC-Santa Barbara, University of Colorado, University of Kansas, University of North Carolina, University of Oregon, University of San Diego, University of the Pacific, University of Washington, Rice University, and Yale University. 4. Councilman Crites reported that his trip to Ft. Lauderdale, Broward County, Florida, to look at energy facilities was very worthwhile. He visited their waste energy facility; there are none in California and only one in the entire western part of the U.S. With the impending closure of Edom Hill, he believed 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2001 that such a facility had potential for the Coachella Valley's 1,500 daily tons of solid waste. XVI. ADJOURNMENT Upon motion by Councilman Spiegel, second by Benson, and unanimous vote of the City Council, Mayor Ferguson adjourned the meeting to Closed Session at 5:55 p.m. Mayor Pro-Tempore Kelly reconvened the meeting at 6:33 p.m. and immediately adjourned following the City Attorney's announcement of action from Closed Session: The City Council approved the following relative to CVAG's proposal for obtaining a feasibility study on the formation of an electrical utility: 1) Authorization for the expenditure and appropriation of funds to participate in the feasibility study; 2) funding formula for distribution of costs for the next phase of the study, less the potential contribution by the Valley's water districts. The authorization was made on a 4-0 vote of the City Council, with Mayor Ferguson ABSENT. ATTEST: c___ g, SHEILA R. GILLIGAN, CITY CLERK I" _c,-. 7 -)_tsAr CITY OF PALM DESERT, CALIFORNIA 29