Loading...
HomeMy WebLinkAbout2003-10-23MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 23, 2003 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:05 p.m. II. ROLL CALL Present: Councilman Buford A. Crites Councilman Richard S. Kelly Mayor Pro-Tempore Robert A. Spiegel Mayor Jean M. Benson Excused Absence: Councilman Jim Ferguson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing Michael J. Errante, Director of Public Works David Yrigoyen, Director of Redevelopment Robert P. Kohn, Director of Special Programs ID. ORAL COMMUNICATIONS - A (Closed Session Items) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 City Attorney Erwin announced that a couple of Closed Session items needed to be added to this agenda by four -fifths vote. Mayor Pro Tem Spiegel moved to add Property Negotiation Item No. 1 to the Closed Session Agenda. Motion was seconded by Councilman Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Located north of Frank Sinatra Drive, between Portola Avenue and Cook Street, Palm Desert, CA (APNs 653-400-030/032/033/034) Negotiating Parties: Agency: Carlos L. Ortega/Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: American Realty Trust Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Sergio Rosas v. City of Palm Desert, Riverside County Superior Court Case No. INC 030803 b) Greg Clyde, Susan Hayes, and Andrew Murray v. City of Palm Desert, et al., Riverside County Superior Court Case No. RIC 390984 With City Council concurrence, Existing Litigation Case C was added to the agenda. c) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County Superior Court Case No. CIV 80790; DCA No. E023514 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 With City Council concurrence, Potential to Initiate Litigation was added to the agenda. Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 With Council concurrence, Mayor Benson adjourned the meeting to Closed Session at 3:07 p.m. She reconvened the meeting at 4:05 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Mayor Jean M. Benson VII. INVOCATION - Mayor Pro Tem Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MR. LANNY SWERDLOW, 1 Cordova Court, Palm Springs, CA, addressed the City Council about an upcoming event he was involved with. He stated that recently the United States Supreme Court declared that doctors have the legal right to recommend marijuana for their patients for whom they feel it would be of medicinal benefit. He announced that the Senior Citizen Medical Marijuana Seminar would be held at the Portola Community Center on Saturday, October 25, at 10:00 a.m. He said two medical doctors and Registered Nurse Anna Boyce, one of the co- authors of Proposition 215, which legalized medical marijuana use in the State of California, and California Circuit Court Judge James Gray would all be speakers for the program. He invited Councilmembers and members of the audience to this event. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF ANNUAL "MINI MUSTER" RECOGNITION AND ARTWORK AWARD CERTIFICATES. On behalf of the City Council, Mayor Benson presented Artwork Award Certificates to the following Palm Desert third graders: Max Adams from Gerald Ford Elementary School, Anya Evans from James Carter Elementary School, Alexis Santos from Abraham Lincoln Elementary School, and Lilac Fajardo from George Washington Charter Elementary School. She also presented certificates of the City's appreciation for 11 years of founding, operating, sponsoring, and participating in the annual Mini Muster to Fire Station No. 33 and to the Riverside County Fire Department/California Department of Forestry and Fire Protection, to Desert Sands Unified School District, and to the Historical Society of Palm Desert. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 Mayor Benson went on to say how proud the City was to be a part of this annual event for the past 11 years, and she expressed personal gratitude for everyone's involvement. MR. & MRS. DAN AND B.J. CALLAHAN, on behalf of the Historical Society, assisted with the presentation and also had certificates recognizing all the third grade teachers, Desert Sands Unified School District, Fire Department personnel, and City staff for their assistance with the Mini Muster. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 9, 2003, and the Adjourned Joint City Council/Redevelopment Agency Meeting of October 9, 2003. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 83, 84, and 85. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#521) by Michael Petersen for the Period March 3 - September 3, 2003. Rec: By Minute Motion, reject the Claim for the specified time period, and direct the City Clerk to so notify the Claimant. D. CITY'S/AGENCY'S PORTFOLIO MASTER SUMMARY for the Month of July 2003 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. E. REQUEST FOR APPROVAL of Treasury Policies and Procedures for 2004, As Amended (Joint Consideration with the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and Palm Desert Financing Authority). Rec: By Minute Motion, approve the Palm Desert Treasury Policies and Procedures for 2004, as amended. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 F. MINUTES of City Committee and Commission Meetings. 1. Art in Public Places Commission Meeting of July 16, 2003. 2. Housing Commission Meeting of September 10, 2003. 3. Sister Cities Committee Meeting of July 31, 2003. Rec: Receive and file. G. RESIGNATION of Courtney Lingle from the Youth Committee. Rec: Receive with very sincere regret. H. REQUEST FOR APPROVAL of Additional Digital Imaging Services for the Public Works Department. Rec: By Minute Motion, approve additional digital imaging services by California CD Imaging Center, Rancho Cucamonga, California, in the amount of $1.38 per plan sheet and $0.10 per 8 1/2 x 11 or 8 1/2 x 14 sheet, in an amount not to exceed $20,000 — funds are available in Account No. 110-4300-413-3010. I. REQUEST FOR APPROVAL of Contract for Sale of SunLine Bus Passes (Contract No. C22000). Rec: By Minute Motion, approve the subject contract with SunLine Transit Agency, Thousand Palms, California, for sale of bus passes at the Visitor Information Center and authorize the Mayor to execute same. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20920B — Construction of the Block Wall for the Widening of Northbound Portola Avenue Between San Marino and El Cortez (Project No. 630-99B) (4-Con Engineering, Inc., Fontana, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. K. REQUEST FOR APPROVAL of the Revised Bylaws Setting the Duties and Responsibilities of the Animal Campus Commission. Rec: By Minute Motion, approve the Revised Bylaws Setting the Duties and Responsibilities of the Animal Campus Commission. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 L. REQUEST FOR APPROVAL of a Supplemental Appropriation for the Sheriff's Department to Purchase Equipment and Accessories for Outfitting a Traffic Reconstruction and Commercial Response Vehicle. Rec: By Minute Motion, approve a supplemental appropriation of $17,059.01 to Account No. 110-4210-422-3042 for the subject purchase. M. REQUEST FOR APPROVAL of a Supplemental Appropriation for the Coachella Valley Violent Crime Gang Task Force. Rec: By Minute Motion, approve a supplemental appropriation of $3,225.82 to Account No. 110-4210-422-3042 to share the annual T-1 Line Service Cost for the Coachella Valley Violent Crime Gang Task Force. N. REQUEST FOR APPROVAL of a Supplemental Appropriation for Staff Training on the CrimeView Software System. Rec: By Minute Motion, approve a supplemental appropriation of $1,461.54 to Account No. 110-4210-422-3042 to train the Crime Analyst on the CrimeView software system. O. REQUEST FOR APPROVAL of Trail Names for Cahuilla Hills and Santa Rosa and San Jacinto National Monument Visitor Center Areas. Rec: By Minute Motion, approve the following trail names for the Cahuilla Hills and Santa Rosa and San Jacinto National Monument Visitor Center areas: 1) Hopalong Cassidy Trail; 2) Gabby Hayes Trail; 3) Homestead Trail; 4) Randall Henderson Trail. P. REQUEST FOR APPROVAL of City Sponsorships for the 2003 "Palm Desert Dance Under the Stars Choreography Festival" and the 2004 McCallum Theatre's "Open Call." Rec: By Minute Motion, approve City sponsorships of: 1) 2003 "Palm Desert Dance Under the Stars Choreography Festival" in the amount of $10,000; 2) 2004 McCallum Theatre "Open CaII" amateur talent competition in the amount of $20,000; 3) appropriate $30,000 from the Unobligated General Fund to Account No. 110-4416-414-3061 for this purpose. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 Q. REQUEST FOR APPROVAL of the Serving of Alcohol on City -owned Property for the Coachella Valley Soroptimist Club's Mixer. Rec: By Minute Motion, approve the serving of alcohol during the Coachella Valley Soroptimist Club's Mixer sponsored by Soroptimist International of Palm Desert (SIPD) and to be held in the Administrative Conference Room of the Civic Center on Monday, March 8, 2004. R. REQUEST FOR AUTHORIZATION to Install Directional Sign to the Desert Cities Baptist Church. Rec: By Minute Motion, authorize staff to replace the one existing directional sign with a new sign, located on El Paseo north of Painters Path. S. INFORMATIONAL ITEMS: 1. Recap from Summer Retail Promotions 2. Status Report on The Six Cities Energy Project 3. Report on the West Nile Virus Task Force 4. Update on the League of California Cities' Grassroots Program Councilman Kelly asked that Item S-3 be held for separate discussion under Section XI, Consent Items Held Over. Upon motion by Kelly, second by Spiegel, the remainder of the Consent Calendar was approved as presented by a 4-0 vote, with Councilman Ferguson ABSENT. XI. CONSENT ITEMS HELD OVER S. INFORMATIONAL ITEMS: 3. Report on the West Nile Virus Task Force Councilman Kelly moved to receive and file this report, noting that special periodic inspections should be conducted on the San Pascual Wash due to the standing water issue there. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XII. RESOLUTIONS None 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1054 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE WITH CERTAIN DELETIONS AND AMENDMENTS THE RULES, REGULATIONS, PROVISIONS, AND CONDITIONS SET FORTH IN THOSE CERTAIN CODES ENTITLED "CALIFORNIA FIRE CODE." Mayor Pro Tempore Spiegel moved to waive further reading and pass Ordinance No. 1054 to second reading. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. B. ORDINANCE NO. 1055 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.34.010 (AMENDING ORDINANCE NO. 1049) OF THE PALM DESERT MUNICIPAL CODE RELATING TO TOBACCO LICENSING. Councilman Crites moved to waive further reading and pass Ordinance No. 1055 to second reading. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE (CONTRACT NO. C22010). Mr. Ortega noted the staff report in the packets and offered to answer any questions. Mayor Pro Tempore Spiegel moved to, by Minute Motion, approve the subject contract for Law Enforcement Services with the Riverside County Sheriff's Department for a period of five years and authorize the Mayor to execute same. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 B. REQUEST FOR AWARD OF BID FOR REPLACEMENT VEHICLE GROUP. Mr. Ortega reviewed the staff report and offered to answer any questions. Councilman Kelly moved to, by Minute Motion, award the subject bid to Fiesta Ford, Indio, California, for the purchase of a Ford F-150 bi-fuel 4 x 4 pick-up, a Ford 350 flat bed, and a Ford F-350 dump truck in the amount of $83,907.91 (includes tax and delivery). Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. C. REQUEST FOR APPROVAL OF ACTIONS RELATED TO DUST CONTROL IN THE CITY OF PALM DESERT. Mr. Ortega reviewed the staff report and offered to answer any questions. Councilman Crites noted that after this had gone through the Coachella Valley Association of Governments (CVAG) for initial approval, there were concerns from some public works directors around the Valley. CVAG met again with public works representatives and the Air Quality Management District and ironed out those issues. What was before Council had already been adopted by some Valley cities and was something that was acceptable to both CVAG and Air Quality Management District. Councilman Crites moved to: 1) Waive further reading and pass Ordinance No. 1056 to second reading, adding Chapter 24.12 (Fugitive Dust Control) to the Palm Desert Municipal Code and rescinding the current dust control ordinance; 2) by Minute Motion, authorized the Mayor to execute the attached Memorandum of Understanding for Fugitive Dust Control Measures between the South Coast Air Quality Management District (SCAQMD), Coachella Valley Association of Governments (CVAG), the County of Riverside, and the nine incorporated cities within CVAG (Contract No. C22020); 3) by Minute Motion, adopt the Coachella Valley Dust Control Handbook as the operations and procedures manual with respect to fugitive dust (PM10) control. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. D. REQUEST FOR APPROVAL OF AN AGREEMENT FOR DEVELOPMENT AND PRODUCTION OF A TELEVISION COMMERCIAL TO PROMOTE RECYCLING (CONTRACT NO. C22030). Mr. Ortega noted that during the Budget process, Council directed staff to come back with programs to promote the City's recycling program, and this was the first step. Councilman Kelly noted that if the City approves this, it will be promoting recycling in the entire Valley, which is okay; however, he wanted to make sure some of that money is spent on targeting individual residences in the City of Palm Desert. He noted that Waste Management has record of which 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 residences have recycling bins and which do not, and he wanted to see something directed at those individuals who do not have recycling bins. Mrs. Gilligan noted that staff had met with Waste Management earlier today as well as representatives of the City's gated communities, which for the most part do not recycle. As part of that study, the residential, gated communities, and commercial would all be targeted for an audit that begins on Monday. She said within 30 days she would be able to report to Council as to that status. Mayor Pro Tempore Spiegel noted that in response to an article in the Press Enterprise about this project, he had received a telephone call from a homeowner residing in Riverside and with a part-time house in The Lakes development who indicated that Waste Management had provided a recycling container. Their problem is that If they put the container out to have the recyclables picked up and then go back to Riverside, The Lakes charges them $100 for not putting away the container. He said there were a lot of residents of Palm Valley and other gated communities who were affected the same way. He said he would rather see the money spent on analyzing what can be done with gated communities and major users such as Robinsons-May, JCPenney, etc. Councilman Crites said he had received a call from a resident in a condo in Palm Desert, and the comment was that it was not that the resident did not want to recycle, it was that the resident did not have any ability to recycle because there were no containers. When the resident called Waste Management, they were told they were not the person being billed, and Waste Management could not send the containers to the resident. He said he felt the issue was not that people did not know about recycling or were not interested; the issue was about specifically taking individuals who are property owners of multiple family residential areas and getting them into the program, whether it is with financial incentives or other means. He said he did not know whether there was a need left to tell people they need to recycle by way of television advertising. Mrs. Gilligan agreed that the gated communities were an area that needed great improvement. She noted that there was a program underway for the rental/apartment units as well. She noted that the City has a 57% recycling rate currently, and it was going down a little bit each year. With this money in the recycling fund, staff was looking at ways of reminding people they need to recycle, identifying a recycling program, which this commercial would do, and reaching a television audience was the largest audience the City could receive. While the air time was expensive and the commercial would reach people throughout the Valley, staff felt it would be money well -spent if it causes people to recycle, no matter where in the Valley they are. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 Mayor Pro Tempore Spiegel commended staff on the recent mailer that was sent out to all residents in Palm Desert showing the various colored containers and what is supposed to be put in each one. He said he felt this was very effective. Mrs. Gilligan noted that the mailer was designed and mailed out by Waste Management in conjunction with City staff. Mayor Benson said she hoped the commercial would reiterate that people who were already recycling were doing a good job but that it needed to be done by more people. She said she also hoped there were would be community meetings and programs to encourage other groups to recycle. Mrs. Gilligan noted that as a result of the meeting today, meetings would be held with the different country clubs and gated communities, and Frankie Riddle had a program to get into the rental units. She added that staff was working with the City's own properties as well to get the recycling containers in there. In response to the concern raised by Mayor Pro Tem Spiegel relative to residents in gated communities who get charged when they do not put their bins away because they are not at home, she said some of the country clubs have a service where the driver of the truck would take the bin back and put it away. She said that was part of a proposal between the gated communities and Waste Management, and Debra McGarrey was working with those gated communities to see how this can be improved. Mayor Benson moved to, by Minute Motion: 1) Authorize the Mayor to sign the subject agreement with Full Gallop Marketing, Palm Springs, California, in the amount of $60,000 and authorize the Mayor to execute same; 2) appropriate $100,000 from the City's Recycling Fund for this project, including development of the commercial and purchase of airtime. Motion died for lack of a second. Mrs. Gilligan suggested continuing this matter and allowing staff to go through the Waste Management audit, with the results of that audit to be brought back to Council. Councilman Crites said he would like to have some good reason to perceive that a commercial would have the high likelihood of a particular kind of success — to where and to what it is targeted and what rationale we have to believe that at the end of this, we will have reached either the markets that now under -recycle or those that already do but that will increase their recycling. Councilman Crites moved to continue this matter to such time as staff is ready to return with the recycling audit information and more details regarding how the commercial would generate the desired results. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 E. CONSIDERATION OF A PROPOSAL FROM THE DESERT SUN RELATIVE TO SPONSORING A NEW PALM DESERT MAGAZINE. Mr. Ortega noted the staff report in the packet. Mrs. Gilligan stated that she had received a telephone call from the publisher of The Desert Sun, Mr. Dickey, asking that this matter be continued for two weeks so that he can be present. Mayor Pro Tempore Spiegel moved to continue this matter to the meeting of November 13, 2003. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. F. REQUEST FOR APPROVAL OF UPDATED AUTHORIZATION TO INVEST MONIES IN THE LOCAL AGENCY INVESTMENT FUND (LAIF) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega noted the staff report in the packets. Upon question by Councilman/Member Kelly, Deputy City Treasurer Thomas Jeffrey responded that these funds are not secured by the State of California; however, in 20 years of operation, LAIF has never lost any principal. He said the funds were part of the State Treasury, held in trust for the City. Councilman/Member Kelly moved to waive further reading and adopt: 1) City Council Resolution No. 03-109, authorizing the investment of monies in the Local Agency Investment Fund; 2) Redevelopment Agency Resolution No. 482, authorizing the investment of monies in the Local Agency Investment Fund. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman/Member Ferguson ABSENT. XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE 2003/04 CONTRACT WITH SUNLINE TRANSIT AGENCY FOR ROUTE 51, THE SHOPPER HOPPER ROUTE, AND RELATED MARKETING OF THE PROGRAM (Continued from the meeting of October 9, 2003). Mr. Ortega noted the staff report and recommendation in the packets. Upon question by Mayor Pro Tempore Spiegel, Business Support Manager Ruth Ann Moore responded that staff's recommendation was to use two Shopper Hoppers. Upon further question, Councilman Kelly responded that with this type of vehicle, there is no overhead and cost if the vehicle is not running, and natural gas vehicles can last at least 6-7 years. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 Councilman Kelly said he felt it would be more valuable as time goes on to have a route to the North Sphere hotels because there will be more facilities out in that area. He suggested investigating new routes which would include stops where other people could be picked up rather than just people staying at the hotels; i.e., the University. Councilman Crites moved to, by Minute Motion: 1) Approve Contract No. C21940 with SunLine Transit Agency, Thousand Palms, California, for one year in an amount not to exceed $200,000 for the existing Route 51 and authorize the Mayor to execute same; authorize the Finance Director to set aside the amount of $20,000 as 10% contingency (use of contingency requires additional action); approve the expenditure of $15,000 for advertising and special event operations of the Shopper Hopper from General Fund Account No. 110-4416-414-3681; and 2) Direct staff to work with SunLine to design new routes for the Shopper Hopper program, which will include hotels. Motion was seconded by Kelly. Upon question by Mayor Pro Tempore Spiegel relative to The Gardens' response to the poll relative to the Shopper Hopper, Ms. Moore indicated that it was her understanding that, the way it is now, The Gardens did not feel the El Paseo customer uses the Shopper Hopper; however, it would be an advantage to them if the Shopper Hopper went to the hotels because this might bring in more customers to El Paseo. Westfield also felt it would be beneficial to extend the route to the hotels, and Desert Crossing said the change would not be a problem but they would want flyers to put in the store checkout areas so customers could be informed of the schedules. Ms. Moore also noted that the study done several years ago indicated those three shopping areas have the most ridership. Mayor Benson called for the vote, and the motion carried by a 4-0 vote, with Councilman Ferguson ABSENT. XVI. OLD BUSINESS A. CONSIDERATION OF ASSISTING LANDSCAPE AND LIGHTING DISTRICTS WITH FUNDS TO RENOVATE OUTDATED LANDSCAPE AREAS. Mr. Croy noted that staff recommended that this matter be continued to the next meeting. He said staff had discovered an error in the process, and it needed to be reviewed. Upon question by Councilman Crites, he stated that the funding has to be noticed first, and staff has to find out that source through Muni Financial first with Redevelopment and with the General Fund process. Senior Management Analyst Martin Alvarez noted that the recommendation in the staff report would be amended, and he asked for a two -week 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 continuance because there are potential Redevelopment Agency funds that might be allocated. Mr. Ortega suggested that the Council discuss this matter before continuing it to determine whether the Council would agree in principal with moving forward if it was funded and the homeowners agreed to the higher assessment. Mr. Alvarez reviewed the staff report, noting that the goal of the proposal was three -fold: 1) To reduce the annual maintenance and utility costs of the districts; 2) to eliminate the annual deficits that some of these districts have been incurring; 3) to improve the general appearance of the City's street frontages. Staff had evaluated all 28 districts in the City and had developed a list of 18 in need of full or partial renovation. The total cost to redesign and retrofit these districts was estimated at $639,354; this cost included replacing of old irrigation systems with drip technology, replacing lush plant materials with drought -tolerant material, and elimination of turf areas. Six of the 18 districts fell within a Redevelopment Project Area; it was estimated that approximately $318,000 could be covered by the Redevelopment Agency. He said staff recommended continuance of this matter in order to allow it to solidify the funding mechanism. Mayor Pro Tempore Spiegel stated that in all but a few of the districts, the levy would increase for the individual homeowners, and he asked whether ballots would be sent out before the work is done. Mr. Alvarez responded that if this were to move forward, staff would require the property owners to approve their new levy through a ballot process. Mayor Pro Tempore Spiegel said it was his understanding the City would pay to bring it up to standard, and the property owners would pay whatever it takes to keep it that way, and Mr. Alvarez agreed. MR. ROY SEALE, 40-590 Cabana Court, Palm Desert, thanked City staff for the time and effort put into getting this problem solved. He spoke in favor of the proposal and urged Council's approval. MR. CAL McINTOSH, 73-401 Terraza Drive, Palm Desert, Sonata II, congratulated staff on coming up with something he never thought would be possible to solve a very difficult problem. Councilman Kelly moved to continue this matter to the meeting of November 13, 2003. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 B. CONSIDERATION OF THE MULTI -AGENCY LIBRARY HOURS OF OPERATION. Mr. Ortega noted the report in the packets. Responding to comment, Mrs. Gilligan answered that at the request of its faculty and students, College of the Desert had formed a subcommittee to review its library hours. She asked the City Council if it would allow staff to continue working with the College and return with a report of those findings during the mid -year budget process. Councilman Crites moved to, by Minute Motion, direct staff to continue working with the College of the Desert and Riverside County Library System for expansion of hours for both the College Library and the Public Library in the future, requesting a report on the College's internal review of its library hours be provided during the mid -year review of the City Budget. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. C. CONSIDERATION OF ADDITIONAL INFORMATION RELATIVE TO THE PALM DESERT "SPOT" MUNICIPAL UTILITY FEASIBILITY STUDY. Mr. Ortega noted that Council had received a copy of the report received yesterday from the City's consultant. He noted this was in response to several questions raised by the City Council. He said it indicated, however, that they are still in the process of receiving additional information from Southern California Edison before they give the Council a final report. He noted the letter in the packets from Southern California Edison dated October 15, 2003. With Council concurrence, the information provided was received and filed. Councilman Crites moved to place the following item on the Agenda. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. D. REQUEST FOR APPROVAL OF PALM DESERT LUCAS WAY WHOLESALE DISTRIBUTION ACCESS TARIFF LOAD SYSTEM IMPACT STUDY AGREEMENT (CONTRACT NO. C22060). Mr. Ortega reviewed the staff report and offered to answer any questions. Councilman Crites stated it was his understanding that approval of this agreement did not commit the City to a final yes or no but allowed it to go forward. Mr. Kohn agreed that this would allow the interconnect action to keep going forward. In addition, he said if the Council decides in the next several weeks 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 that it does not want to do this, the funds may be refundable. He estimated that work would probably not start on this for two to three weeks. Councilman Crites stated that he had not had a chance to read the agreement. He added that Edison had asked to have ten minutes to make a presentation. Councilman Crites moved to, by Minute Motion, approve the subject agreement, thereby authorizing staff to make the Interconnection Application, noting that it is merely another step in the City's review process rather than a positive or negative vote with regard to the actual formation or negative vote with regard to the actual formation of a "Municipal" or "Spot" utility. Motion was seconded by Kelly. Mayor Pro Tempore Spiegel stated that the report from the consultant gave five options on the money that is saved by the City by using the "Spot" utility. The option he did not understand was "negative franchise fee concept is used to provide savings on electric bills to all residents" and he asked what this meant. Mr. Kohn responded that this was something the City of San Marcos was considering, basically using the excess revenues to supplement the franchise fee and lower the franchise portion of any bills that other customers pay city-wide. Mayor Benson called for the vote, and the motion carried by a 4-0 vote, with Councilman Ferguson ABSENT. MS. KATHLEEN DeROSA, Southern California Edison Public Affairs Region Manager, read a prepared statement thanking staff members, the City Manager, Mr. Kohn, Mrs. Gilligan, and the consultant, on behalf of the Southern California Edison team, for the opportunity to meet with them on Monday, October 20, to discuss the proposed municipalization efforts within the City of Palm Desert. She said Edison was able to present information at this meeting which it had promised to provide. She said Edison was confident the updated study would be more realistic in its usage calculations for residential, small commercial, and large commercial customers in the City. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, DENYING A REQUEST FOR A CHANGE OF ZONE FROM R-1 SINGLE FAMILY DISTRICT TO R-3 (3) MULTIFAMILY RESIDENTIAL DISTRICT FOR A 7,380 SQUARE FOOT LOT AT 74-110 CHICORY STREET Case No. C/Z 03-05 (Dolores J. Laux, Applicant/Appellant) (Continued from the meeting of October 9, 2003). Mr. Ortega noted a letter of withdrawal had been received from the Applicant/Appellant for the subject appeal. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, she declared the public hearing closed. Mr. Erwin noted that no Council action was required to be taken on this matter. B. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM R-2 (7) TO OFFICE PROFESSIONAL (O.P.) FOR 14 LOTS LOCATED ON FRED WARING DRIVE, EAST OF SAN ANSELMO AVENUE TO — SAN PABLO AVENUE Case No. C/Z 03-12 (City of Palm Desert, Applicant). Assistant Planner Tony Bagato reviewed the staff report and offered to answer any questions. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, she declared the public hearing closed. Councilman Kelly moved to waive further reading and pass Ordinance No. 1057 to second reading. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. C. REVIEW OF AB1600 DEVELOPER IMPACT FEE REPORT. Mr. Ortega noted the staff report in the packets, noting that it indicated the City was in compliance with the spending requirements of developer impact fees. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this report. No testimony was offered, and she declared the public hearing closed. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 Councilman Spiegel stated that the report indicated the Building Industry Association had two concerns over expenditures, and he asked whether it was correct in its concerns. Mr. Erwin stated that the report was correct and that he did not believe the concerns were appropriate. Councilman Kelly moved to receive and file the report. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER Mr. Ortega commented that he had intended to introduce two new employees at this City Council Meeting; however, both were out of the office on behalf of their responsibilities. New Riverside County Fire Department Western Desert Division Chief Ignacio Otero was fighting fires in the Riverside area. New Engineering Manager Chris Davies was meeting with Caltrans about ongoing projects. He hoped to be able to personally introduce both gentlemen in the near future. B. CITY ATTORNEY None C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Councilman Kelly asked for an update on the construction schedule for the Magnesia Falls Bridge and street improvements. He felt the project was behind schedule, no one appeared to be working on it, and he wondered why, even if the bridge was behind, why the large part of it from San Pablo to Monterey was being held up. Mr. Errante responded that paving will be done ahead of the bridge completion. He said as far as the bridge, the abutments had been poured, and they were waiting for the precast girders to come in. He affirmed that the bridge was two to three weeks behind schedule due to the delay experienced for the 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 relocation of some water lines, and some undergrounding work was also being completed at Portola/Magnesia Falls prior to paving. Once that work was done, the rubberized paving would be scheduled; however, there was currently only one vendor for that material. He said everything from Deep Canyon to Monterey would be paved before the bridge is completed, with a subsequent paving to be done across the top of the bridge. Mayor Pro Tem Spiegel agreed that the area was in bad shape, and he asked when the portion from Monterey to San Pablo would be done. Mr. Errante said it was hoped paving would begin in about three to four weeks, but said he would have the crews begin cleaning up the area as soon as possible. 2. Councilman Kelly requested information on development activity in Palm Desert Country Club. Many constituents were contacting him about a change of zone, and he couldn't adequately respond. Mr. Drell answered that no application had yet been made to the City. There have been discussions off and on for four or five years on various solutions to the economic problem with the golf course. He said these potential solutions included adding houses, and they held a meeting there last week about such a proposal followed by their coming to City Hall to talk with City staff. An application was expected in about a month; a proposal to renovate the golf course completely — first the 18th hole — and renovate the clubhouse (about a $6 million investment). He said to finance that, they want to eliminate the tennis courts, redesign or eliminate the driving range, and add a total of about 130 single-family houses throughout the project. He said no hotel was proposed. He affirmed that a change of zone would have to be processed in order to consider this, as the golf course in Palm Desert Country Club was zoned open space. He went on to say the developer had always been told that if they were going to propose such a change, they first needed to convince their residents and the members of the golf club that this would be in their best interest. So the developer was going through that process before applying to the City. 3. Mayor Benson asked for confirmation of the need for the City Council to have its first hearing on the General Plan at a 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 meeting on November 20. She was aware that the Planning Commission was still in the midst of it, and it may not be ready. Mr. Drell advised that it would be unlikely the Planning Commission would finish with it before their meeting on November 18. He said the City Council could still schedule a meeting on November 20 to begin its discussions, but he agreed it would be beneficial to have a definitive answer from the Planning Commission first. Further responding, he said there would probably be changes, particularly to the land use map, with staff just producing a fifth alternative based upon the testimony from property owners so far. He said the text was virtually unchanged, and the Planning Commission has given very little indication of what it intends to do. Councilman Kelly felt it wasn't worth rushing the process by scheduling a November 20 meeting. Mayor Benson agreed, adding that she felt the Planning Commission was doing a great job of taking time to listen to everyone's input. She believed it was important to let them get through it and not pressure them; the City Council could take it up in December. She added that the City had already said many times that it may not be finalized until January 2004. Councilmembers agreed that the November 20 City Council Meeting was unnecessary; they would plan to have it on their agenda in December. o City Council Committee Reports: None o City Council Comments: None 1. City Council Liaison Reports. None 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2003 XIX. ADJOURNMENT Councilman Crites moved to adjourn the meeting at 6:01 p.m. to 4:30 p.m. on Tuesday, October 28, 2003, for a Joint Meeting of the City Council and Redevelopment Agency. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Ferguson ABSENT. ATTEST: FRAtHELLE D. KLASSEIV, CITY CLERK CITY OF PALM DESERT, CALIFORNIA J-, AN M. BENSON, MAYOR 21