HomeMy WebLinkAbout2004-12-09MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, DECEMBER 9, 2004
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Spiegel convened the meeting at 3:01 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro Tem Buford A. Crites
Councilman Jim Ferguson
Councilman Richard S. Kelly
Mayor Robert A. Spiegel
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
David J. Erwin, City Attorney
Homer Croy, ACM for Development Services
Justin McCarthy, ACM for Redevelopment
Stephen Y. Aryan, Assistant to the City Manager
Rachelle D. Klassen, City Clerk
Mark D. Greenwood, City Engineer
Amir Hamidzadeh, Director of Building & Safety
Philip Drell, Director of Community Development
Duane K. Munson, Interim Director of Human Resources
David Yrigoyen, Director of Redevelopment & Housing
Robert P. Kohn, Director of Special Programs
J. Luis Espinoza, Assistant Finance Director
Ignacio Otero, Fire Chief, Palm Desert/Riverside County Fire Department/CDF
Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept.
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: APN 618-490-025 (10 acres)
Negotiating Parties:
Agency: Carlos L. Ortega/Justin McCarthy/
City of Palm Desert/Palm Desert Redevelopment Agency
Property Owner: City of Palm Desert/County of Riverside
Under Negotiation: x Price x Terms of Payment
2) Property: Lease Property - Parkview Professional Office Complex -
73710 Fred Waring Drive, Suite No. 100, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: George Hanover
Under Negotiation: x Price x Terms of Payment
3) Property: Lease Property - Parkview Professional Office Complex -
73710 Fred Waring Drive, Suite No. 101, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Paul Golden
Under Negotiation: x Price x Terms of Payment
4) Property: Lease Property - Parkview Professional Office Complex -
73710 Fred Waring Drive, Suite No. 112, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Senate Rules Committee of California
Under Negotiation: x Price x Terms of Payment
Mr. Erwin asked for the City Council's consideration of adding the following item to
the Closed Session agenda.
5) Property: One acre (+/-) west of the Palm Valley Channel, north end of
Homme/Adams Park (APN 628-030-005)
Negotiating Parties:
Agency: Carlos L. Ortega/Phil Drell/
City of Palm Desert/Palm Desert Redevelopment Agency
Property Owner: Everett Aplet
Under Negotiation: x Price x Terms of Payment
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REGULAR PALM DESERT CITY COUNCIL MEETING
DECEMBER 9, 2004
Upon a motion by Kelly, second by Crites, and a 5-0 vote of the City Council, the
aforementioned property was added to the agenda.
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) City of Palm Desert v. G. George Fox Declaration of Trust,
Riverside County Superior Court Case No. INC 035287
Mr. Erwin asked for the City Council's consideration of adding the following item to
the Closed Session agenda.
b) City of Palm Desert, et al. v. Joseph F. Putrino, et al., Riverside County
Superior Court Case No. INC 044949
Upon a motion by Kelly, second by Crites, and a 5-0 vote of the City Council, the
aforementioned case was added to the agenda.
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Govemment Code Section 54956.9(b):
Number of potential cases: 2
With Council concurrence, Mayor Spiegel adjoumed the meeting to Closed Session
at 3:04 p.m. He reconvened the meeting at 4:04 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson
VII. INVOCATION - Councilmember Jean M. Benson
VIII. ORAL COMMUNICATIONS - B
None
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES
FOR EXCEPTIONAL SERVICE - DECEMBER 2004.
Mayor Spiegel and Mr. Ortega recognized the following employees with a
certificate and a $100 gift certificate presented to each for their outstanding
efforts: Karen Russo, Amy Hughes, Mark Greenwood, Mike Adkins,
Rosie Griffin, Gloria Martinez, Bernice Gonzales, Karen Siebuhr,
Gil Salcedo, Aaron Zamarripa, Ernesto Navarrette, and Joe Rosas.
Mayor Spiegel further congratulated Karen Russo on being named to
succeed Linda Russell as the City Manager's Secretary upon her retirement
later this month.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of November 11, and
November 25, 2004, and the Adjourned Regular City Council Meeting of
November 18, 2004.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 68, 69, 78, 82, 83, 84, 98, 99, 102, 103, 106, and 108.
Rec: Approve as presented.
C. CITY'S/AGENCY'S PORTFOLIOS COMPLIANCE ANALYSIS and
Investment Report for the Month of September 2004 (Joint Consideration
with the Palm Desert Redevelopment Agency).
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Delaware CPK,
Inc., for California Pizza Kitchen, Inc., 73-080 El Paseo, Suite 8,
Palm Desert.
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING
DECEMBER 9, 2004
E. MINUTES of City Committee and Commission Meetings.
1. Art In Public Places Commission Meeting of October 20, 2004.
2. Housing Commission Meetings of September 1, and October 13,
2004.
3. Marketing Committee Meeting of October 26, 2004.
4. Public Safety Commission Meeting of September 8, 2004.
5. Sister Cities Committee Meeting of October 21, 2004.
Rec: Receive and file.
F. RECEIVE Citizen s On Patrol Program Participant's Relinquishment of
Captain Status — Marvin Schurgin.
Rec: By Minute Motion, receive Mr. Schurgin's relinquishment of the
position of Captain and accept, with pleasure, his offer to remain a
vital part of the program.
G. REQUEST FOR AUTHORIZATION of Expenditure for Waring Place
Homeowners Association Landscape Replacement (Project No. 653-01).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
H. REQUEST FOR RATIFICATION of Emergency Work for Country Club Drive
Median Improvement Project (Project No. 713-04).
Rec: By Minute Motion, ratify staffs authorization to perform emergency
work in the amount of $8,662 related to the street and median
improvements on Country Club Drive —funds are available in Account
No. 400-4377-433-4001.
I. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C21590 — Design Engineering Relating to the Dinah Shore Drive and
Portola Avenue Extension (Project No. 617-02).
Rec: By Minute Motion, approve Change Order No. 1 in the amount of
$34,000 to the subject contract with Dudek & Associates,
Palm Desert, Califomia, and authorize the Mayor to execute same —
funds are available in Account No. 213-4365-433-4001.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
J. REQUEST FOR AUTHORIZATION to Submit a Request for Grant of
Easement to Coachella Valley Water District (CVWD) for Calle de tos
Campesinos.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
K. REQUEST FOR APPROVAL of Final Tract Map No. 33195
(PDCC Development, LLC, Applicant).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
L. REQUEST FOR APPROVAL of Contract for Legislative and Regulatory
Reporting Services (Contract No. C23230).
Rec: By Minute Motion, approve the subject contract with State Net,
Sacramento, Califomia, in the amount of $1,740 and authorize the
Mayor to execute same — funds are available in Account
No. 110-4112-410-3060.
M. REQUEST FOR AUTHORIZATION to Participate in the Palm Springs Desert
Resorts Convention & Visitors Authority (CVA) Airport Signage Project.
Rec: By Minute Motion: 1) Authorize the City's participation in the subject
program; 2) appropriate an amount not to exceed $3,000 from the
Unobligated General Fund for this purpose.
N. INFORMATIONAL ITEMS:
1. Update on the CVAG Model Construction and Demolition Debris
Ordinance.
Councilmember Benson asked that Item G be removed for separate consideration
under Section XI, Consent Items Held Over. Mayor Pro Tem Crites removed Item J,
and Mr. Erwin removed Item K for separate consideration.
Upon motion by Ferguson, second by Crites, the remainder of the Consent Calendar
was approved as presented by a 5-0 vote of the Council.
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REGULAR PALM DESERT CITY COUNCIL MEETING
XI. CONSENT ITEMS HELD OVER
DECEMBER 9, 2004
G. REQUEST FOR AUTHORIZATION of Expenditure for Waring Place
Homeowners Association Landscape Replacement (Project No. 653-01).
Councilmember Benson noted that the staff report indicated the Waring
Place Homeowners Association would do the work on its own, and she
expressed concern that the City have some kind of control to ensure City
standards are upheld.
Councilmember Benson moved to, by Minute Motion, authorize the expenditure of
$5,000 to the Waring Place Homeowners Association as a landscape replacement
settlement — funds are available in Account No. 400-4399-433-4001 (Contract
No. C23270), with additional direction that a written agreement be secured to ensure that
the City's standards are upheld in the installation and ongoing maintenance of the
landscaping. Motion was seconded by Ferguson and can-ied by a 5-0 vote.
J. REQUEST FOR AUTHORIZATION to Submit a Request for Grant of
Easement to Coachella Valley Water District (CVWD) for Calle de los
Campesinos.
Mayor Pro Tem Crites stated that Councilmembers had received a letter from
a neighboring church interested in parking during the "season" in that area
and wondering if there is a time table for when the road would be in a
condition where people could park alongside it. He also noted there was a
rural street section in the packets, which showed an eight -foot graded
shoulder next to the wash; it seemed fairly useless to put a graded shoulder
where there is already a road and have to move the road again. He added
that the latest attempt to naturalize the area had resulted in a gray rubble
field now inhabiting the space, making it less likely for people to use that
portion of the park. He hoped that staff would expeditiously fix it.
PASTOR DOUG GARRARD, Palm Desert Community Church,
47-321 Highway 74, thanked the Council for previously allowing overflow
parking near the church during the high season. He asked that the Council
consider the request to utilize some of that space again for 40-60 vehicles.
Upon question by Mayor Spiegel, Mr. Greenwood responded that with the re -
naturalization effort that has taken place, the bulk of those additional parking
spaces was now gone. Also, due to construction of the Stone Eagle project,
there was a great deal of heavy equipment traveling up and down that road,
and it was hard to keep the road in a decent state of repair. He said perhaps
on a Sunday, 20 or so vehicles could park on the edge of the dirt road, and
the road should be wide enough if people are careful.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
Mayor Pro Tem Crites asked if the parking area on the northerly end of the
park near the kiosks and trail heads could be used. Mr. Greenwood
responded that there were perhaps five spaces per turnout, and it was his
understanding there were two tumouts. Mr. Drell added that all of those
parking spaces were actually in the Coachella Valley Water District
right-of-way, and those pockets could always be made larger.
Mayor Pro Tem Crites moved to, by Minute Motion, authorize staff to submit the
subject Grant of Easement documents to CVWD and direct that Phil Drell meet with Pastor
Doug Garrard of Palm Desert Community Church to work out a plan for additional overflow
parking near the church and Calle de los Campesinos during the high season, and return
it to the City Council for consideration. Motion was seconded by Ferguson and carried by
a 5-0 vote.
K. REQUEST FOR APPROVAL of Final Tract Map No. 33195
(PDCC Development, LLC, Applicant).
Mr. Erwin noted that the map was ready for approval with some relatively
minor exceptions. He said the City Engineer and City Surveyor had not had
the opportunity to go through and make sure the map is technically correct.
He asked that Council approve staffs recommendation, subject to the City
Engineer's and City Surveyor's approval of the technical corrections to the
map.
Councilman Ferguson moved to waive further reading and adopt Resolution
No. 04-123, approving the Final Subdivision Map of Tract No. 33195, subject to the City
Engineer's and City Surveyor's approval of the technical corrections to the map. Motion
was seconded by Benson and carried by a 5-0 vote.
XII. RESOLUTIONS
A. RESOLUTION NO. 04-124 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND
ADOPTING AN AMENDED APPENDIX TO THE CONFLICT OF INTEREST
CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974.
Mr. Ortega noted the staff report and recommendation in the packet, noting
that the resolution would add some positions to be subject to the reporting
requirements and change other positions and titles.
Councilman Kelly moved to waive further reading and adopt Resolution No. 04-124.
Motion was seconded by Benson and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
B. RESOLUTION NO. 04-125 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC
HEARING AND A TIME AND PLACE FOR HEARING ALL PERSONS
INTERESTED IN OR OBJECTING TO A PROPOSED SALE OF
PROPERTY OWNED BY THE CITY (APPROXIMATELY 10 ACRES AT THE
SOUTHWEST CORNER OF THE RAILROAD TRACKS AND EXTENSION
OF MIRIAM WAY - APN 618-490-025).
Councilman Ferguson moved to waive further reading and adopt Resolution
No. 04-125. Motion was seconded by Crites and carried by a 5-0 vote.
XIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 1088 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, DISSOLVING THE
TECHNICAL TRAFFIC COMMITTEE AND ASSIGNING THEIR DUTIES TO
THE PUBLIC SAFETY COMMISSION, AND AMENDING
SECTION 10.12.030 OF TITLE 10 OF THE PALM DESERT
MUNICIPAL CODE.
Mr. Ortega noted the staff report and recommendation.
Councilman Ferguson moved to waive further reading and pass Ordinance No. 1088
to second reading. Motion was seconded by Kelly and carried by a 5-0 vote.
For Adoption:
A. ORDINANCE NO. 1082 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CERTAIN TIME
LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR
PROJECT AREA NO. 1, AS AMENDED, PURSUANT TO THE
PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6.
Mayor Pro Tem Crites moved to waive further reading and adopt Ordinance
No. 1082. Motion was seconded by Ferguson and carried by a 5-0 vote.
B. ORDINANCE NO. 1083 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CERTAIN TIME
LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR
PROJECT AREA NO. 2 PURSUANT TO THE PROVISIONS OF HEALTH
AND SAFETY CODE SECTION 33333.6.
Mayor Pro Tem Crites moved to waive further reading and adopt Ordinance
No. 1083. Motion was seconded by Ferguson and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
C. ORDINANCE NO. 1084 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CERTAIN TIME
LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR
PROJECT AREA NO. 3 PURSUANT TO THE PROVISIONS OF HEALTH
AND SAFETY CODE SECTION 33333.6.
Mayor Pro Tem Crites moved to waive further reading and adopt Ordinance
No. 1084. Motion was seconded by Ferguson and carried by a 5-0 vote.
D. ORDINANCE NO. 1085 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CERTAIN TIME
LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR
PROJECT AREA NO. 4 PURSUANT TO THE PROVISIONS OF HEALTH
AND SAFETY CODE SECTION 33333.6.
Mayor Pro Tem Crites moved to waive further reading and adopt Ordinance
No. 1085. Motion was seconded by Ferguson and carried by a 5-0 vote.
E. ORDINANCE NO. 1087 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING
ORDINANCE AMENDMENT TO CHAPTER 25.34.030 OF THE
PALM DESERT MUNICIPAL CODE, ADDING THE FOLLOWING
PROVISION: "THE DISPLAY OF ART, PROVIDED SUCH DISPLAY DOES
NOT IMPACT THE AMOUNT OF PARKING ON THE PROPERTY"
Case No. ZOA 04-03 (City of Palm Desert, Applicant).
Mayor Pro Tem Crites moved to waive further reading and adopt Ordinance
No. 1087. Motion was seconded by Benson and carried by a 5-0 vote.
XIV. NEW BUSINESS
A. DECLARATION OF THE RESULTS OF THE 2004 PALM DESERT
GENERAL MUNICIPAL ELECTION, CONDUCTED IN THE CITY ON
TUESDAY, NOVEMBER 2.
Councilman Ferguson moved to waive further reading and adopt: 1) Resolution
No. 04-126, reciting the fact of the General Municipal Election held on Tuesday, November
2, 2004, declaring the result and such other matters as provided by law; 2) Ordinance
No. 1071, validating and re-enacting the City's Transient Occupancy Tax, as ordered by
the people of the City on Tuesday, November 2, 2004. Motion was seconded by Benson
and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
B. INSTALLATION OF NEWLY ELECTED COUNCILMEMBERS AND ANNUAL
MAYORAL ROTATION.
Mrs. Klassen administered the oath of office to newly elected
Councilmembers Buford Crites, Richard Kelly, and Robert Spiegel,
presenting each with a Certificate of Election.
Councilman Kelly thanked the City employees for their efforts in making the
City of Palm Desert such a well -run city. He expressed appreciation to the
citizens for re-electing him to the City Council, and he thanked his wife, Mary
Helen, for her support. He added that he felt very humble and appreciative
that the citizens of Palm Desert were going to allow him to participate in the
goveming of Palm Desert for four more years.
Mayor Spiegel thanked his wife, Sharon, for her continued support,
especially during the election. He expressed appreciation to the
Councilmembers fortheir leadership and support in everything accomplished
by the City and the Council during the past year. He thanked the citizens
who served as members of various City committees and commissions and
gave so freely of their time to their community. He also expressed
appreciation to City staff, including members of the Police and Fire
Departments, and thanked the citizens of Palm Desert for re-electing him to
the Council.
Councilman Ferguson nominated Mayor Pro-Tem Buford Crites for the office of
Mayor. The nomination was seconded by Benson and can-ied by a 4-0-1 vote, with Mayor
Crites ABSTAINING.
Councilmember Benson nominated Councilman Jim Ferguson for the office of
Mayor Pro Tem. The nomination was seconded by Spiegel and carried by a 5-0 vote.
Mayor Crites said it was an honor to be re-elected by the citizens of
Palm Desert. He said if there was anything that indicated to staff and the
citizen committees how important they were, it would be the fact that he
suspected there were very few places in the United States where three
councilmembers could stand for re-election against good, solid opposition,
spend absolutely no money running for re-election, and be re-elected
because of the work the staff and the citizens in the community have done.
On behalf of the entire City Council, he thanked staff and the citizens of
Palm Desert who help govern the City. He also thanked his colleagues and
said he felt they were truly a family, who at times agrees and at other times
disagrees, but does their very best to be civil with each other and listen to
one another. He expressed his appreciation to his wife, Joy, for her support
as well. He added that he hoped he and newly selected Mayor Pro Tem
Ferguson would be worthy of the job done by outgoing Mayor Spiegel, and
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
he thanked him for all of his hard work, which he had done with excellence,
civility, grace, and kindness.
Mayor Pro Tem Ferguson agreed that this Council is a family, and it was a
pleasure to know the five of them would be together for several more years
yet. He echoed comments by Mayor Crites and thanked outgoing Mayor
Spiegel for his excellent work.
C. REQUEST FOR CONFIRMATION OF A DETERMINATION OF USE TO
ADD A "JIFFY LUBE-TYPE" BUSINESS TO THE LIST OF CONDITIONAL
USES IN THE C-1 ZONE.
Mr. Drell reviewed the staff report and recommendation.
Councilman Spiegel moved to, by Minute Motion, confirm the Planning
Commission's decision, determining that a proposed Jiffy Lube operation can be
considered as a conditional use in the C-1 zone. Motion was seconded by Ferguson and
carried by a 5-0 vote.
D. CONSIDERATION OF A CITY COUNCIL REQUEST FOR REVIEW OF AN
ACTION BY THE ARCHITECTURAL REVIEW COMMISSION, APPROVING
A REQUEST BY OUTBACK STEAKHOUSE TO REMOVE A CONDITION
OF APPROVAL THAT REQUIRES THE NEON SIGN AND BORDER
LIGHTS TO HAVE A DIMMER DEVICE Case No. SA 04-135
(Outback Steakhouse, Applicant).
Planning Manager Steve Smith reviewed the staff report and offered to
answer any questions, noting that in the time since the staff was written, the
Building Department had conducted an inspection of the facility, and they
could find no indication that the system had been altered in a fashion that
would increase the intensity of the lights.
Mayor Pro Tem Ferguson stated that at the time of approval for Outback, the
City thought the neon tubing would be a problem; Outback did not feel it
would be. The City compromised and directed that they install a rheostat,
which they did not do. He asked if this would lay the groundwork for
developers in the future that when they do not like what the City tells them
they need to do, they just ignore it until the City catches it. Mr. Smith
responded that he did not think that would be the case.
Mayor Pro Tem Ferguson asked if Outback had indicated why they did not
install the rheostat as requested. Mr. Smith responded that he did not think
they had said anything about why it was not installed, although a
representative might be in the audience to respond.
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REGULAR PALM DESERT CITY COUNCIL MEETING
DECEMBER 9, 2004
Councilmember Benson suggested that perhaps in the future there could be
something on the certificate of occupancy indicating these required
conditions have been met.
Mayor Crites stated that he was the one who requested Council review of
this, as he felt the light was too bright. He said for years he had attempted
to have the intensity turned down, but nothing ever happened until finally it
was discovered that the rheostat had never been installed. He added that
he did not feel Outback had met their obligation.
MR. BILL FANCHER, Outback Steakhouse, stated that when these types of
developments are done, there are long lists of conditions, which are at times
overwhelming, and he felt the rheostat was a minor detail that had been
inadvertently overlooked. In order to install a rheostat now, they would have
to remove all of the existing neon lighting system and put in an entirely new
lighting system at a cost of approximately $7,000 to $8,000. He added that
no one from the public had ever complained, and this was the first they had
heard about the lighting being a problem.
Councilman Spiegel stated that page 4 of the staff report noted that one of
the Architectural Review Commissioners had asked "if there was a specified
intensity on the original approval. Mr. Drell stated that it was the standard
wattage that we usually have for neon, but the requirement for the rheostat
was that we would have the ability to dim it." He asked if the current lighting
was the standard wattage that we usually have for neon.
Mr. Smith responded that the Building Department had confirmed to him that
it had not been altered, so he presumed it went in as standard. He said he
had questioned whether they had increased it somehow, and they could not
find any evidence that had occurred.
Mr. Drell added that the transformer that is there is the standard transformer
that is used on neon signs throughout the City.
Councilmember Benson moved to, by Minute Motion, affirm the action of the
Architectural Review Commission. Motion was seconded by Ferguson and carried by a
4-1 vote, with Mayor Crites voting NO.
E. REQUEST FOR CONSIDERATION OF THE EXPANSION OF THE
PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS
AUTHORITY BOUNDARIES TO INCLUDE CABAZON, CALIFORNIA.
Upon his asking the City Attorney and receiving an affirmative response,
Mayor Pro Tem Ferguson stated for the record that he would be
ABSTAINING on this item due to his law firm's representation of Hadley's.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
He then excused himself from the Chamber prior to discussion or action on
this matter.
Councilmember Benson said she would like to comment as a representative
of the Convention and Visitors Authority (CVA). She said this issue was an
ongoing one for years and years with Cabazon wanting to be included. The
consensus in the past had always been to deny inclusion of Cabazon;
however, now with their new hotel and the amount of business our own
hotels send them for tour groups, etc., it seemed a logical time to do this.
She said the proposal was to give it a three-year trial to see if it is mutually
beneficial.
Councilman Spiegel asked if there were any plans to expand this to include
the Factory Outlets.
MR. MICHAEL FIFE, President of the Palm Springs Desert Resorts
Convention and Visitors Authority, responded that this was the Cabazon
area, which would include the Factory Outlets, Morongo Hotel, Morongo
Casino, and Hadley's, all of which had expressed interest in becoming
partners, and this would generate approximately $150,000.
Mayor Crites asked how many tour operators had expressed interest in
making these multiple -day shopping tours because, basically, people were
being asked to spend a bunch of money to stay the night in the Coachella
Valley, shop in the Cabazon area, and then return home.
MR. FIFE responded that they had not worked with the tour operators
currently serving the Factory Outlets because they did not have the entree
to them. He said they were not sure specifically which operators were doing
these tours. What they wanted to encourage with those operators was to
continue their day tours to the Factory Outlets, but in addition, offer overnight
tours so they can go to the Factory Outlets and then continue on to the
Coachella Valley and stay in the local hotels, eat in the local restaurants, and
shop on El Paseo. He added that they would work with the Factory Outlets
once there is an agreement to move forward. He noted that he had met with
the manager of the Factory Outlets, and she was very anxious to begin
working on such a program.
Councilmember Benson moved to, by Minute Motion, concur with the
recommendation of the Marketing Committee to approve the expansion of the
Palm Springs Desert Resorts Convention and Visitors Authority (CVA) boundaries to
Cabazon to include the Morongo Hotel, Morongo Casino, Hadley's, and the Factory
Outlets. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Pro Tem
Ferguson ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
F. REQUEST FOR APPROVAL OF APPLICATION FOR AN ENERGY
EFFICIENCY LOAN FROM THE CALIFORNIA ENERGY COMMISSION TO
IMPLEMENT ENERGY EFFICIENCY MEASURES.
Mr. Ortega reviewed the staff report and recommendation.
Director of Special Programs Robert Kohn noted that the loan amount would
be $197,266 instead of the $182,111 listed in the staff report due to
increased savings.
Councilman Spiegel moved to: 1) Waive further reading and adopt Resolution
No. 04-127, authorizing application for a Califomia Energy Commission Energy Efficiency
Loan; 2) by Minute Motion, authorize the Mayor to sign the California Energy Commission
Loan Application and Loan Agreement (Contract No. C23280), acknowledging that the loan
amount will be $197,266 instead of the amount listed in the staff report. Motion was
seconded by Benson and carried by a 5-0 vote.
G. CONSIDERATION OF AMENDING THE CITY'S FACADE ENHANCEMENT
PROGRAM (FEP).
Senior Construction Contract Administrator Bryce White reviewed the staff
report and offered to answer any questions.
Councilmember Benson said she had two questions: 1) Whether the age of -
the building is considered before approving the FEP; and 2) If the City
participates in the FEP and then the owner of the building sells it within a
certain length of time, realizing a profit, is there anything requiring that owner
to reimburse the City?
Mr. White responded that there is no such requirement to reimburse the City.
He said sale of the building would probably be a benefit to the City as far as
property taxes because the property would be reappraised at that point, and
the City would receive more funds based on the reassessment. With regard
to considering the age of the building before approving the FEP, he said it
was based on the needs of the building. A building that would not be
substantially improved would not need the City's program, and the owner
would not be offered assistance based on that fact.
Mayor Crites questioned why properties with "dual facades" (front and rear)
were eligible for up to $60,000, while those with "comer facades" could be
eligible for up to $80,000.
Mr. White responded that it was because the "comer facade" buildings would
actually improve two separate streets, while those with "dual facades"
typically had one facade on the street and the second on a parking area,
such as the buildings in Presidents Plaza.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
Councilman Spiegel added that he and Mayor Pro Tem Ferguson were on
the committee that worked this out, and any request over $40,000 would
come to the Council for consideration.
Mayor Pro Tem Ferguson commented that staff had looked at the sales tax
generation of the "dual facade" businesses, the property taxes they generate,
and the overall budget for the program. He said he could safely say they
were paying for themselves. The limitation for facades to get enhancements
was that they had to have a bona fide customer entrance.
Councilman Spiegel moved to, by Minute Motion, amend the City's Facade
Enhancement Program Guidelines as follows: 1) Remove the area west of Monterey
Avenue from the FEP Boundaries; 2) increase the maximum FEP consideration to $40,000
for a "standard" project; 3) increase funds, with City Council approval, for acceptable "dual
facade" properties located between El Paseo and Highway 111, from Portola Avenue to
Monterey Avenue, excluding Larkspur Lane to Lupine Lane, such that they are eligible for
an additional 50% in FEP funds when "dual facades" (front and rear) are improved;
4) increase funds, with City Council approval, for acceptable "comer facade" properties
having store frontage on two streets such that they are eligible for FEP funds based on the
length of both frontages when both are improved. Motion was seconded by Ferguson and
carried by a 5-0 vote.
H. REQUEST FOR DISCUSSION REGARDING LANDSCAPE RENOVATION
OF THE COUNCIL CHAMBER ENTRY AREA.
Landscape Manager Spencer Knight reviewed the staff report and
recommendation.
Councilman Spiegel moved to, by Minute Motion, authorize staff to obtain landscape
renovation design proposals for the subject location. Motion was seconded by Ferguson
and carried by a 5-0 vote.
I. CONSIDERATION OF THE ESTABLISHMENT OF A PARKS AND
RECREATION AD HOC COMMITTEE.
Mr. Ortega noted the staff report and recommendation in the packets.
Councilman Spiegel moved to, by Minute Motion: 1) Authorize staff to establish a
Parks and Recreation Ad Hoc Committee, consisting of two City Councilmembers and two
Coachella Valley Recreation and Parks District Board Members, in an effort to enhance
communication/collaboration for addressing the City's growing recreational needs;
2) designate two City Councilmembers (Kelly and Spiegel) to serve in this capacity. Motion
was seconded by Ferguson and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
AT LEAST 72 HOURS PRIOR TO THE MEETING.
J. REQUEST FOR APPROVAL OF THE TRAIL HEAD INFORMATIONAL
KIOSKS DESIGN FOR THE PALM DESERT TRAILS SYSTEM AND
AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR
CONSTRUCTION OF SAME (CONTRACT NO. C23250).
Councilman Spiegel mentioned that the Parks & Recreation Commission had
approved what Council would be seeing as part of this staff report. In
addition, he announced that Jeff Winklepleck of City staff would be leaving
the end of December and would be moving to Long Beach. He said
Mr. Winklepleck would be sorely missed.
Councilman Spiegel moved to, by Minute Motion: 1) Approve the Trail Head
Informational Kiosks design and appropriate an amount not to exceed $60,000 for same
to Fund 430; 2) authorize the City Manager to enter into an agreement for the construction
of the kiosks. Motion was seconded by Kelly and carried by a 5-0 vote.
XV. CONTINUED BUSINESS
A. CONSIDERATION OF SIDEWALK AND BIKE LANE ON GRAPEVINE
STREET (Continued from the meetings of August 26, and September 9,
2004).
Mr. Ortega reviewed the staff report and recommendation.
Councilman Kelly moved to, by Minute Motion, direct staff to reinstall the double
yellow centerline on Grapevine Street and authorize the City Manager to approve a
contract with a local striping contractor in an amount not to exceed $5,000 — funds are
available in Account No. 110-4315-433-3320. Motion was seconded by Ferguson and
carried by a 5-0 vote.
B. REQUEST FOR APPROVAL OF FINANCIAL ASSISTANCE FOR FACADE
IMPROVEMENTS TOA RETAIL BUILDING KNOWN AS THE MANHATTAN
BAGEL BUILDING LOCATED AT 73-845 HIGHWAY 111, PALM DESERT
(James A. and Miriam Diamond Chester, Applicants) (Continued from the
meetings of October 14, October 28, and November 18, 2004).
Mayor Pro Tem Ferguson and Councilman Spiegel noted that they both had
a conflict of interest with this item and would, therefore, be ABSTAINING
from it. They excused themselves from the Chamber prior to any discussion
or action.
Bryce White, Senior Construction Contract Administrator, noted that staffs
recommendation was to approve this project under the new guidelines just
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
approved by Council earlier in this meeting. He noted that the applicant had
originally requested $70,000 for this program, and based on the new
guidelines, staff was recommending a total of $60,000 for this dual facade
building ($20,000 for the rear facade and $40,000 for the front facade).
Councilmember Benson moved to, by Minute Motion: 1) Approve Facade
Enhancement Program funds in the amount of $20,000 for the rear parking lot facade,
consistent with the newly revised Program Guidelines; 2) revise the amount of funding for
front facade upwards by $5,000 (from $35,000 to $40,000), also consistent with the newly
revised Program Guidelines. Motion was seconded by Kelly and carried by a 3-0 vote, with
Mayor Pro Tem Ferguson and Councilman Spiegel ABSENT.
C. UPDATE ON LENNON PLACE/ECLECTIC STREET PARKING (Continued
from the meetings of October 28, and November 18, 2004).
Mr. Ortega noted the staff report and recommendation in the packets.
Upon question by Councilman Spiegel, Mr. Greenwood responded that the
angle parking would work, although it would be a little tight. Upon question
by Councilmember Benson, he said the Sheriffs Department would enforce
the time limits on the parking. Councilman Spiegel suggested that the Public
Safety Committee also look at whether the City's COPS program could also
be involved in the enforcement.
Councilman Spiegel moved to, by Minute Motion: 1) Direct staff to implement angle
parking on the south side of Lennon Place, angle parking on the east side of Eclectic
Avenue, and implement two-hour time -limited parking on the northwest corner of Lennon
and Eclectic; 2) authorize the City Manager to award a contract for installation of angled
parking stall markings to a local contractor in an amount not to exceed $5,000 — funds are
available in Account No. 110-4315-433-3320. Motion was seconded by Kelly and carried
by a 5-0 vote.
D. REQUEST FOR APPROVAL OF FINAL PARCEL MAP NO. 30342
(SGH Partners, L.P., Applicant) (Continued from the meeting of
November 18, 2004).
Mrs. Klassen stated that she had been advised just prior to the 3:00 p.m.
convening of this meeting that it had been requested that this item be
continued to the meeting of January 13, 2005.
Councilmember Benson moved to continue this matter to the meeting of
January 13, 2005. Motion was seconded by Spiegel and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
E. ORDINANCE NO. 1076 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, CONSOLIDATING AND
AMENDING CHAPTER 9.24 IN SECTIONS 9.24.060 (H) AND (K), AND
9.24.075 (A) OF THE PALM DESERT MUNICIPAL CODE RELATIVE TO
NOISE CONTROL (Continued from the meeting of November 18, 2004).
Mayor Pro Tem Ferguson asked what the approximate decibel noise level is
of a lawn mower in relationship to an approved blower according to the
ordinance.
Mr. Croy responded that they were similar decibel levels. Mayor Pro Tem
Ferguson stated that meant there was language in the ordinance allowing
mowers but not blowers, and they were the same decibel level. Mr. Croy
stated that leaf blowers in the landscape industry were required to be
governed so they cannot be clutched beyond a certain level in the trigger;
they have govemors built into them to keep them restricted to the higher
pitch. With regard to the private side, however, that was something that was
difficult to regulate. Electric and gas blowers purchased from stores such as
Home Depot or Lowe's were not governed.
Councilman Kelly stated that all the leaf blowers he had ever heard were
louder than lawn mowers.
Upon question by Mayor Pro Tem Ferguson, Mr. Croy responded that
homeowners associations would be considered a commercial activity, and
the blowers would be govemed. Upon further question, he said staff was
trying to bring three separate ordinances into one process for Code
Enforcement so that citing and violations would be the same across the
board by eliminating the conflict of what can be done and when. If this
ordinance is denied, staff would continue with the existing three separate
ordinances and processes.
Mayor Crites noted that the ordinance before Council does make an
exception for a later time for the use of blowers in terms of maintenance
activities.
Councilman Spiegel moved to waive further reading and pass Ordinance No. 1076
to second reading. Motion was seconded by Benson and carried by a 3-2, with Mayor Pro
Tem Ferguson and Councilman Kelly voting NO.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
F. REPORT ON RESIDENTS' CONCERN FOR NOISE MITIGATION IN THE
AREA OF REGENCY PALMS ESTATES, REGENCY ESTATES, AND
PALM VALLEY COUNTRY CLUB (Continued from the meeting of
November 18, 2004).
Mr. Ortega noted the staff report in the packets.
MR. HELMUT LIHS, resident of Regency Palms, said residents had brought
this problem to the attention of the City, and it was not a new problem. He
said it was already acknowledged by the City in its Master Plan as a corridor
along the Interstate 10 and the railroad that was very noisy. Over the years,
this had grown to the proportions where it was no longer acceptable. He said
it had become a health hazard, and something needed to be done. The
decibel levels of the noise were higher by 20-25% constantly and 30-35%
intermittently when the noise from the railroad and freeway combine. He
said he had done quite a bit of research and had worked with the City
Manger, and there were some things that could be done to remedy the
situation. He felt a sound barrier wall was needed, but in order to obtain
assistance from the Federal, State, and County govemments, they needed
the City's agreement that the need exists. Upon question by Mayor Crites,
he responded that he had not read staffs report.
Mayor Crites asked that staff provide a copy of its report to Mr. Lihs. He also
noted the four recommendations contained in the staff report, which would
meet the requests as presented by Mr. Lihs at this meeting.
Councilman Kelly moved to, by Minute Motion, receive and file the report, directing
staff to implement the recommendations therein. Motion was seconded by Ferguson and
carried by a 5-0 vote.
XVI. OLD BUSINESS
A. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL A
REQUEST FOR PROPOSALS FOR RECYCLING CONSULTING
SERVICES FOR THE CITY OF PALM DESERT (CONTRACT NO. C21740).
Mr. Ortega noted the staff report and recommendation in the packets.
Councilman Spiegel moved to, by Minute Motion, authorize advertisement of the
subject Request For Proposals (RFP). Motion was seconded by Kelly and carried by a 4-0
vote, with Mayor Pro Tem Ferguson ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
B. REQUEST FOR AWARD OF CONTRACT FOR RENOVATION OF THE
CIVIC CENTER PARK IRRIGATION PUMP STATION (CONTRACT
NO. C23090, PROJECT NO. 720-01).
Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to
Cora Constructors, Palm Desert, California, in the amount of $792,624; 2) set aside
$79,262.40 as a 10% contingency for the project; 3) authorize the Mayor to execute said
contract — funds are available in Account No. 400-4674-454-4001. Motion was seconded
by Kelly and carried by a 4-0 vote, with Mayor Pro Tem Ferguson ABSENT.
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF THE APPROVAL OF A GENERAL PLAN
AMENDMENT AND A CHANGE OF ZONE FROM LOW DENSITY
RESIDENTIAL (R-1, 0 TO 4 DWELLING UNITS PER ACRE) TO OFFICE
PROFESSIONAL (OP), AND A PRECISE PLAN OF DESIGN TO ALLOW
TWO, ONE-STORY PROFESSIONAL OFFICE BUILDINGS WITH A
COMBINED FLOOR AREA OF 8,082 SQUARE FEET ON A 0.9-ACRE
PROJECT SITE LOCATED AT THE SOUTHWEST CORNER OF
COOK STREET AND SHERYL AVENUE Case Nos. GPA 04-01. C/Z 04-03,
and PP 04-22 (William J. Worzack, Applicant) (Continued from the meetings
of October 14, October 28, and November 18, 2004).
Councilman Spiegel said it was his understanding two of the
Councilmembers had met with the developer, and he asked for a report.
Councilman Kelly said he felt the developer had made a drastic
improvement.
Mayor Crites noted for the benefit of the audience that this had to do
primarily with the orientation of the buildings and associated parking areas,
combining those parking areas to create a larger combined ability to park.
That issue had been resolved to the satisfaction of the subcommittee and
was acceptable to the developer as well.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this matter. With no testimony offered, he declared the public
heating closed.
Councilman Spiegel moved to waive further reading and: 1) Adopt Resolution
No. 04-115, approving Case No. GPA 04-01; 2) pass Ordinance No. 1081 to second
reading, approving Case No. C/Z 04-03; 3) adopt Resolution No. 04-116, approving Case
No. PP 04-22. Motion was seconded by Kelly and carried by a 4-1 vote, with Mayor Pro
Tem Ferguson ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
B. REQUEST FOR APPROVAL OF RECOMMENDED CHANGES TO THE
CITY OF PALM DESERT'S COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) CITIZEN PARTICIPATION PLAN.
Mr. Ortega reviewed the staff report and recommendation, noting the
purpose of the public hearing was to receive public testimony on the
recommended changes.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this request.
MR. FABIAN JARONE (sp?) from Father's Heart Ranch in Desert Hot
Springs said they would be submitting an application for these block grant
funds.
Mr. Ortega stated that he felt Mr. Jarone's comments were more for the next
public hearing rather than this one.
MR. JARONE said he would wait for the next hearing.
With not further testimony offered, Mayor Crites declared the public hearing closed.
Councilman Spiegel moved to, by Minute Motion: 1) Approve recommended
changes within the Citizen Participation Plan; 2) adopt the amended Plan; 3) open the 30-
day Public Comment Period for same. Motion was seconded by Ferguson and carried by
a 5-0 vote.
C. REQUEST FOR OPENING OF THE 30-DAY PUBLIC COMMENT PERIOD
RELATIVE TO THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) ONE-YEAR ACTION PLAN FOR FISCAL YEAR 2005/06 AND TO
OPEN THE FISCAL YEAR 2005/06 CDBG APPLICATION PROCESS.
Mayor Crites opened the 30-day Public Comment Period on the CDBG One -Year
Action Plan for FY 2005/06 and the CDBG Application Process for FY 2005/06.
MR. FABIAN JARONE stated that Father's Heart Ranch was a group home
for abused, neglected, and abandoned boys, ages 6 to 12, in Desert Hot
Springs. He said they would be submitting a grant application for funds to
make improvements, including a schoolhouse, as local schools did not have
the facilities for taking care of these children who might have issues with
violence and behavioral problems.
MR. WARREN THORESON, Treasurer of Desert Samaritans for the Elderly,
thanked the Council for its support over the last couple of years in helping
their organization with transportation. He said this was a continuing need,
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
as more and more seniors are unable to get where they need to go. He said
they would be applying for funding again this year.
MS. LYNN MORIARTY, Executive Director of Shelter from the Storm,
thanked the City for its support in the past and said the Council had made a
difference in the lives of so many women and children through its support of
this organization.
MR. IVAN PRICE, 1248 Via Benecia, Cathedral City, said he worked with a
number of nonprofits in the desert. He thanked the Council on behalf of the
ABC Recovery Center, the Coachella Valley Historical Society, the F.I.N.D.
food bank, Jewish Family Services of the Desert, and the Latino Commission
on Alcohol and Drug Abuse Services. He said Palm Desert was one of the
few cities that appreciated what some nonprofits do in serving people from
Palm Desert and providing support for those projects through CDBG funds.
MS. CLAUDIA CASTORENA, 82-788 Oleander Avenue, Indio, spoke as the
founder and division director of Martha's Village & Kitchen. She agreed with
comments from the last two speakers relative to the City of Palm Desert's
support of nonprofit social services agencies. She said one of the services
they provide was a community medical clinic, open to both residents of
Martha's Village & Kitchen and to the community. She added that they
would be applying for CDBG grant funds, and she thanked the Council for its
support.
MS. CECILIA BROWN, Supervisor for Nightengale Manor, a 30-day
emergency shelter located in Palm Springs, said it had been in existence
since 1987 under the operation of Catholic Charities. In the summer of
2003, Father Joe's Village out of San Diego was asked to take over the
management and operation of that facility. She said they provide families
with children supportive and comprehensive services. Their long-term goal
was to ensure that families obtain stable housing and stable income so they
can become more productive citizens of the Coachella Valley.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Mr. Ortega recalled for the City Council that it had supported passage
of College of the Desert's (COD) bond measure earlier this year. As
a result of its passage, COD was ready to begin the first phase of
campus renovation. Therefore, the City had asked COD to make a
presentation on its plans, with particular interest in what would be
done on the swimming facility. He said the College asked for a Study
Session for this purpose.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
After further discussion, the City Council agreed that 2:00 p.m. on Thursday,
February 10, 2005, would be set for a Study Session to receive a presentation by
College of the Desert. Councilmembers were asked to let the City Manager's Office
know if they discover any scheduling conflicts in the next couple of days.
2. Secondly, Mr. Ortega said that he'd been advised that the
Convention & Visitors Authority (CVA) had also requested a Study
Session to provide an update on its marketing efforts.
Councilmember Benson noted that when it met with the CVA
previously, the City requested semiannual activity updates. She
offered that it could be a presentation made at the beginning of a
Council Meeting instead of a separate Study Session.
With City Council concurrence, staff was asked to approach the CVA to inquire
whether it could make its presentation at the opening of an upcoming regular City
Council Meeting rather than a separate Study Session, but if not, offer Thursday,
February 24, 2005, at 2:00 p.m.
B. CITY ATTORNEY
None
C. CITY CLERK
Mrs. Klassen reported:
1. At its meeting Tuesday this week, the Planning Commission
determined that due to scheduling conflicts, it would not hold its
Tuesday, January 4, 2005, Meeting and would instead adjourn to
Wednesday, January 5, 2005, at 6:00 p.m.
2. City Councilmembers recently had each been provided with a binder
containing all the current active Committee and Commission
applications for their review and selection of candidates for
appointment.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
D. PUBLIC SAFETY
o Fire Department
Chief Ignacio Otero commented:
1. Since it was the middle of the holiday season, one of the Fire
Department's largest concerns was Christmas tree fires,
especially in light of the two major fires in the City over the past
couple of weeks. He noted that each year the U.S. has over
400 Christmas tree fires, causing over 40 deaths and over
100 injuries. Therefore, the Fire Department had scheduled its
annual news conference for Tuesday, December 14,
9:30 a.m., behind the Fire Station on Town Center Way where
a Christmas tree flammability demonstration would take place.
He said a press release had been issued; he'd provided a copy
to City Public Relations staff, and the Fire Department also
worked directly with local media to draw attention to this
important matter, adding that it would be publicized in both
English and Spanish.
2. The two brand new ambulances purchased by the City earlier
this year were placed into service last week. One was
headquartered at the Mesa View Fire Station, the other at the
Portola/Country Club Station.
o Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Reauests for Action:
1. Mayor Crites referred back to Mrs. Klassen's comments about
Committee and Commission Member applications. He asked
his colleagues to review the liaison appointments that each of
them hold on the various internal and external
committees/commissions, and if any changes were requested
for the coming year, to provide that information to him or the
City Clerk. Further, he said a time needed to be set for
candidate interviews for the various vacancies on the City's
committees and commissions.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004
Mayor Pro Tem Ferguson suggested that the various City
Council liaisons form recommendations for
appointments/reappointments for the committees/commissions
on which they serve to be shared with their colleagues when
they sit down to discuss and interview.
Councilman Kelly added that many of the applicants were
already well known to the Councilmembers; therefore, any
Councilmember could recommend interviewing or appointing
a particular individual. He felt there were many very qualified
applicants.
After further discussion, the City Council concurred: 1) By December 17, each
Member would provide their personal requests for liaison service for the coming
year, as well as their recommendations for candidates to consider and
reappointments to be made to the City's advisory bodies to the City Clerk; 2) the
City Clerk will compile a summary of recommendations/requests back to the City
Council; 3) Members will then work with their secretary to find a mutually convenient
date for the Council to get together as a group to conduct interviews and
recommend appointments.
o City Council Committee Reports:
None
o City Council Comments:
1. City Council Liaison Reports.
a) Councilman Kelly provided his colleagues with a ticket to the
event where SunLine's new Hydrogen Bus would be unveiled.
He said it was probably one of the first to go into service in the
U.S. on a revenue route, and it was nearly zero emission (a
small amount of pure water was exhausted from the tailpipe in
the process).
b) Mayor Pro Tem Ferguson said he and Councilman Kelly met
with the new County Fire Chief this week, and both found it
very refreshing. The Chief affirmed all of the benefits the City
hoped to obtain by adjusting its levels of service and flexibility
in adapting fire programs to Palm Desert outside of the Cove
Commission. He felt this would allow the City to have much
more direct control over its fire services and to tailor them to
residents' needs; he looked forward to a new and improved
relationship with the Fire Department.
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REGULAR PALM DESERT CITY COUNCIL MEETING
XIX. ADJOURNMENT
DECEMBER 9, 2004
Councilman Spiegel moved to adjourn the meeting at 5:48 p.m. Motion was
seconded by Kelly and carried by a 5-0 vote.
ATTEST:
RA ELLE D. ' /• SS , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
BUFORD AICRITES, MAYOR
27