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HomeMy WebLinkAbout2004-11-18MINUTES - ADJOURNED REGULAR - PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 18, 2004 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:02 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Buford A. Crites Councilman Richard S. Kelly Mayor Robert A. Spiegel 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 Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Mark D. Greenwood, City Engineer Amir Hamidzadeh, Director of Building & Safety Phil Drell, Director of Community Development Duane K. Munson, Interim Director of Human Resources Michael J. Errante, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Robert P. Kohn, Director of Special Programs J. Luis Espinoza, Assistant Finance Director III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 44-491 Portola Avenue (APN 627-164-012) Negotiating Parties: Agency: Justin McCarthy/Lauri Aylaian/City of Palm Desert Property Owner: Robert A. Ford/Ford Properties Under Negotiation: x Price x Terms Councilman Ferguson moved to add the following two items to the Closed Session Agenda. Motion was seconded by Kelly and carried by a 5-0 vote. 2) 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 3) Property: SEC Highway 74 and Highway 111 (former Shell Station) Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Joyce Cohn Under Negotiation: x Price x Terms Conference with Legal Counsel regarding existing litigation pursuant to Govemment Code Section 54956.9(a): a) City of Palm Desert, et al. v. Joseph F. Putrino, et al., Riverside County Superior Court Case No. INC 044949 Councilman Ferguson moved to add the following item to the Closed Session Agenda. Motion was seconded by Kelly and carried by a 5-0 vote. b) City of Palm Desert v. G. George Fox Declaration of Trust, Riverside County Superior Court Case No. INC 035287 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Govemment Code Section 54956.9(b): Number of potential cases: 2 2 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 Mayor Pro Tem Crites moved to adjourn the meeting to Closed Session at 3:04 p.m. Motion was seconded by Kelly and carried by a 5-0 vote. Mayor Spiegel reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Buford A. Crites VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE MANNY REYES FOR HIS SERVICE TO THE CITY OF PALM DESERT AND PALM DESERT REDEVELOPMENT AGENCY AS A MEMBER OF THE HOUSING COMMISSION. Mr. Reyes was unable to be present at today's meeting. B. PRESENTATION TO THE "FLEX YOUR POWER NOW!" POSTER CONTEST WINNERS. Mr. Kohn commented that the City joined The Energy Coalition in 2001 as part of the Six Cities Energy Project. Since that time, membership in the Coalition has grown to 10 cities. In addition to completing hundreds of residential and commercial "tune-ups", holding an Energy Fair and a Torchiere Trade-in Event, it was now highlighting the "Flex Your Power Now!" program, and it coordinated the PEAK Student Energy Program, which was going very strong in local schools. He introduced representatives of The Energy Coalition, Sara Mills and Executive Director Ted Flanigan. MS. SARA MILLS of The Energy Coalition said the key component of the work done by the Coalition in the City of Palm Desert was involving youth as advocates and practitioners of smart energy management. She said students being recognized today were part of an 8,000-strong network of students participating in the PEAK Student Energy Actions Program this 3 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 year —an educational program integrating the science of energy with an ethic of energy efficiency. She went on to say the PEAK Students being recognized today were winners of a PEAK Student Poster Contest aimed at educating people about using the four PEAK Student Energy Actions to respond to the new "Flex Your Power Now!" Alert System. There were over 400 total entries from five Southern California school districts. Five student winners were chosen from the City of Palm Desert/Desert Sands Unified School District, including Grand Prize Winner Natalie Gramer, who would be receiving a new Beach Cruiser bicycle. On behalf of the City Council and The Energy Coalition, Mayor Spiegel presented certificates of recognition to the following Palm Desert students: Christian Abraham Ramirez Chaparro-Lincoln Elementary, Michael Chambers -Carter Elementary, Chloe Sharp -Carter Elementary, Chloe Folena-Carter Elementary, and Natalie Gramer-Carter Elementary School. He then presented the bicycle to Miss Gramer. MS. MILLS closed the presentation by stating that the poster contest couldn't have taken place without the support from District Ambassadors for the PEAK Program and parents and teachers who supported the students. She introduced teachers who participated: Mr. Matt Garzinsky (sp?), Mr. Brown of Lincoln Elementary, Mr. Robert Kiesel (sp?) of Carter Elementary, Mrs. Julie Wieland (sp?) of Carter Elementary, and Mrs. Peru (sp?) from Lincoln Elementary. She also recognized Tammy Kemp and Terri Jacobs as the two District Lead Ambassadors. The posters would be displayed at City Hall for the next two weeks. C. PRESENTATION OF THE NEW PALM DESERT TABLETOP BOOK TO THE CITY COUNCIL. Mrs. Gilligan asked Kristy Kneiding, Donna Gomez, and Piper Close to come forward for this presentation, all of whom had played an integral part in production of the tabletop book. She said about a year and a half ago, Visitor Information Center Manager and Sister Cities Committee staff liaison Donna Gomez visited Palm Desert's Sister City Gisborne, New Zealand, and brought back its beautiful tabletop book. Marketing Staff felt it was a great idea for the City of Palm Desert, with its 30+ years of history. The project was launched, and each Member of the City Council provided input and invaluable historical information. Staff members then made the official first presentation of the book to each Member of the City Council and to Mr. Ortega. Mrs. Gilligan went on to say that the books would be presented, compliments of the City of Palm Desert, to a group of Fortune 500 representatives staying at the Desert Springs Marriott as part of the Ernst & Young Entrepreneur of the Year Program. 4 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 She expressed gratitude to Ms. Kneiding, Ms. Gomez, and Ms. Close for their extensive amount of effort, resulting in what she felt was one of the City's most exciting projects that shows what a great community we have. Mayor Spiegel commended Mrs. Gilligan for spearheading the project and persevering through the process. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 28, 2004. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 88, 89, 93, and 97. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Marsha Belsky Yousef and Sobhy Gerges Yousef for Palm Desert Shell, 77-920 Avenue of the States, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mamacita's Restaurant, Inc., for Mamacita's Mexican Grill, 72-286 Highway 111, Suite #J5, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Silvia Lucila Ortega and Ubaldo Ortega for Pepe's, 73-091 Country Club Drive, Suite #s A5 & A6, Palm Desert. Rec: Receive and file. F MINUTES of City Committee and Commission Meetings. 1. Art In Public Places Commission Meeting of September 15, 2004. 2. Historic Preservation Committee Meeting of September 27, 2004. 3. Investment & Finance Committee Meeting of September 22, 2004. 4. Marketing Committee Meeting of September 21, 2004. 5. Sister Cities Committee Meeting of September 16, 2004. Rec: Receive and file. 5 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 G. REQUEST FOR ACCEPTANCE of Proposal by Quality Code Publishing To Provide Codification Services for the Palm Desert Municipal Code (Contract No. C23170). Rec: By Minute Motion: 1) Accept the proposal by and approve of services to be provided by Quality Code Publishing, Seattle, Washington, for codification and supplement service to the Palm Desert Municipal Code, and authorize the Mayor to execute same; 2) authorize termination of the City of Palm Desert's relationship with LexisNexis for Municipal Code Supplement Services effective immediately, and website hosting to be terminated December 31, 2004 — funds for Municipal Code Supplement Services have already been allocated in the FY 2004/05 Budget, Account No. 110-4111-410-3090, and no additional appropriation is required for this purpose. H. REQUEST FOR APPROVAL of the Sixth Amendment to the Lease Agreement with Desert Sands Unified School District for the Palm Desert Community Park at Palm Desert Middle School (Contract No. C16976). Rec: By Minute Motion, authorize the Mayor to execute the subject Sixth Amendment to Lease Agreement with Desert Sands Unified School District. I. REQUEST FOR APPROVAL of Change Order No. 3 to Contract No. C20851 — Consolidated Landscape Maintenance Area No. 7. Rec: By Minute Motion, accept the proposal by and approve Change Order No. 3 to the subject contract with Garza Landscaping, Inc., Indio, California, in the amount of $122.40 per month for landscape maintenance services for the Sundance West Landscaping and Lighting Assessment District, and authorize the Mayor to execute said Change Order. J. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C22370C — Computerized Irrigation Program for the Desert Willow Golf Resort. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $19,500 plus sales tax to the subject contract with Flowtronex PSI, Inc., Riverside, Califomia; 2) authorize the Mayor to execute same; 3) authorize the Director of Finance to appropriate $21,011.25 from Unobligated Funds for this purpose — funds are available in Account No. 241-4195495-8092. 6 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 K. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C22440 — Consolidated Landscape Maintenance Area No. 2. Rec: By Minute Motion, accept the proposal by and approve Change Order No. 1 to the subject contract with Garza Landscaping, Inc., Indio, California, in the amount of $80 per month for landscape maintenance services for the Charger sculpture landscape area, and authorize the Mayor to execute said Change Order. L. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C22440 — Consolidated Landscape Maintenance Area No. 2. Rec: By Minute Motion, accept the proposal by and approve Change Order No. 2 to the subject contract with Garza Landscaping, Inc., Indio, California, in the amount of $400 per month for landscape maintenance services for the medians and parkways on Portola Avenue between San Marino Circle and El Cortez Way, and authorize the Mayor to execute said Change Order. M. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C22860 — Consolidated Landscape Maintenance Area No. 4. Rec: By Minute Motion, accept the proposal by and approve Change Order No. 1 to the subject contract with Steven Burt & Associates, Bermuda Dunes, California, in the amount of $65 per month for landscape maintenance services on the median on Hovley Lane East, east of Kansas Street, and authorize the Mayor to execute said Change Order. N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C21900 — Traffic Signal Installation at Hovley Lane East and Oasis Club Drive (610(T)-02) (Sierra Pacific Electrical Contracting, Riverside, 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. O. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C22620 — 2004 Curb, Gutter, and Cross Gutter Repair Program (Project No. 753-04) (NPG Corporation, Perris, 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. 7 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C22750 — Citywide Striping Program (Project No. 564-04) (C-18, Beaumont, 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. Q. REQUEST FOR AUTHORIZATION to Release Improvement Security for Parcel Map No. 24255 and Accept 10% Maintenance Bond and a Separate Security for the Construction of a Concrete Sidewalk (Monterey 170, LLC, c/o Thomas S. Noble, Applicant). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. R. REQUEST FOR APPROVAL of Final Parcel Map No. 30342 (SGH Partners, L.P., Applicant). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. S. REQUEST FOR APPROVAL of Final Parcel Map No. 30502 (Monterey 170, LLC, c/o Bill Carver, Applicant). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. T. REQUEST FOR APPROVAL of the Possession and Consumption of Wine in Connection with Upcoming North Wing Gallery Receptions. Rec: By Minute Motion, permit the possession and serving of wine in connection with the opening receptions to be held in the North Wing Gallery on December 14, 2004, for the Helene Berman and J. Keith Stone Exhibition, and on February 15, 2005, for the Art of Surviving Cancer Exhibition. U. CONSIDERATION of Request for Contribution to the Coachella Valley Tournament of Roses Parade Float. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 8 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 Councilmember Benson removed Item U for separate consideration under Section XI, Consent Items Held Over. Councilman Ferguson also removed Item R, and Mayor Spiegel removed items Q and S for separate consideration. Upon motion by Crites, second by Ferguson, the remainder of the Consent Calendar was approved as presented by a 5-0 vote. Xl. CONSENT ITEMS HELD OVER Q. REQUEST FOR AUTHORIZATION to Release Improvement Security for Parcel Map No. 24255 and Accept 10% Maintenance Bond and a Separate Security for the Construction of a Concrete Sidewalk (Monterey 170, LLC, c/o Thomas S. Noble, Applicant). Mr. Erwin stated that for all intents and purposes, the public improvements had been completed, with the exception of the 10% Maintenance Bond that was to continue for a year and a separate security of $318,000 for construction of a sidewalk. He said the City had been advised that these two securities were on their way to the City, and he asked the Council to consider authorizing the release of the improvement security excepting those bonds as noted, as long as the bonds substituted were filed with the City Clerk on or before 5:00 p.m. on November 23, 2004. Upon question by Councilman Ferguson as to what will happen if those substitute bonds are not delivered by November 23rd, Mr. Erwin responded that the City would make a demand for these amounts from the existing letter of credit held by Citizens Business Bank. The City had also been notified that that bond would not be extended past December 5, 2004. Councilman Ferguson moved to, by Minute Motion, authorize the City Clerk to release the subject improvement security for Parcel Map No. 24255 and accept the 10% Maintenance Bond, and a Separate Security for construction of a concrete sidewalk, subiect to the City Clerk's receipt of the substitute securities on or before 5:00 p.m. on November 23, 2004. Motion was seconded by Kelly and carried by a 5-0 vote. R. REQUEST FOR APPROVAL of Final Parcel Map No. 30342 (SGH Partners, L.P., Applicant). Mr. Greenwood asked that this matter be continued to the meeting of December 9, 2004. Councilman Kelly moved to continue this item to the meeting of December 9, 2004. Motion was seconded by Ferguson and carried by a 5-0 vote. 9 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 S. REQUEST FOR APPROVAL of Final Parcel Map No. 30502 (Monterey 170, LLC, c/o Bill Carver, Applicant). Mr. Erwin stated that the agreement had been signed and submitted to the City; however, the City did not have the letters of credit, although it was his understanding they were on their way. He said he had approved the form, but staff was awaiting the signed original documents. He suggested that Council approve the recommendation subject to the receipt of the required improvement securities on or before November 23, 2004. Upon question by Councilman Ferguson, he said the map would not be finalized and recorded if those required improvement securities were not received by that date. Councilman Ferguson moved to waive further reading and adopt Resolution No. 04-120, approving the Final Subdivision Map of Parcel Map No. 30502 and approving the agreement relating thereto, subiect to the City Clerk's receipt of the required improvement securities on or before 5:00 p.m. on November 23, 2004. Motion was seconded by Kelly and carried by a 5-0 vote. U. CONSIDERATION of Request for Contribution to the Coachella Valley Tournament of Roses Parade Float. Councilmember Benson stated that in recent discussions with Darlene Dolan at the fundraiser for the Parade, it was mentioned that for $20,000 the City could have people on the float. She suggested approval of the contribution of $20,000, with three students (one elementary, one middle, and one high school student) to ride on the float to represent the City. Councilman Ferguson asked if this would become an annual request, and Councilmember Benson responded that it was not known whether or not there would be an annual float. Mayor Pro Tem Crites said he felt the recommendation should be that there be a minimum of three Palm Desert students on the float, with perhaps additional elementary students. Councilman Kelly moved to, by Minute Motion, approve a one-time contribution in the amount of $20,000, which will provide opportunity for a minimum of three (3) Palm Desert Students: 1-Elementary, 1-Middle School, 1-High School, possibly additional elementary students, to ride on the float. Motion was seconded by Crites and carried by a 5-0 vote. XII. RESOLUTIONS None 10 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING XIII. ORDINANCES For Introduction: None For Adoption: NOVEMBER 18, 2004 A. 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. MR. HUGH SCHAEFER, 77-568 Calle Las Brisas N., said he had appeared before Council in September and spoke in favor of the ordinance as it was then drafted. At that time it provided that the operating hours would be roughly from 8:00 a.m. to 7:00 p.m., with a slight adjustment for the summer months. He said he was not able to attend the two Council meetings in October because he was out of the country, and he did not know of the changes to the ordinance until he returned. With regard to the hours (5:30 a.m. to 7:00 p.m. every day of the week), he said he would accept the Council's decision; however, he requested clarification with regard to exempting homeowners associations from the City-wide ordinance and allowing them to be governed by the same ordinance that would apply to golf courses and tennis clubs. He said he wanted to be sure those gated homeowners associations still retained the power to set specific hours for their communities as long as it did not violate or exceed the limits of the overall City ordinance. Mr. Hamidzadeh stated that the ordinance does allow for gated or ungated golf and tennis communities to have any hours within the provided hours of 5:30 a.m. to 7:00 p.m. Mayor Pro Tem Crites stated it was his understanding from this ordinance that an individual owner of a house cannot start property maintenance until 8:00 a.m. or 9:00 a.m., depending on the day, while a homeowners association community immediately next door would be able to start at 5:30 a.m. Mr. Hamidzadeh responded that this was correct. Upon question by Mayor Pro Tem Crites regarding how to explain this difference in hours to individual homeowners, Councilman Ferguson responded that this was a carefully carved out exception, balancing the interests of all the country clubs and golf courses which have to cut lawns before tee times. He said that homeowners associations by their definitions 11 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 were almost always more restrictive than city codes on a variety of issues. He added that there would be inequity unless the Council made the times uniform for the entire city. Councilman Kelly said he felt Mayor Pro Tem Crites had a point, although he also understood what Councilman Ferguson was saying. He said Council will more than likely receive calls from homeowners, not involved with a homeowners associations, complaining that they are not able to mow their lawns until 9:00 a.m., while the person just across a wall is able to mow at 5:30 a.m. He said he would vote against this ordinance. Mr. Croy noted that the current ordinances on the books were the exact same as the hours in this Ordinance No. 1076, and the only change that was being made was the community hour verbiage. Approving this ordinance essentially combined four separate ordinances into one. If Council denied this ordinance, the four current ordinances would continue with the same hours as shown on this ordinance. After additional discussion, Councilmember Benson moved to continue this item to the meeting of December 9, 2004, with Mayor Pro Tem Crites and Councilman Ferguson appointed to work on the issue of gated vs. non -gated hours of operation. Motion was seconded by Ferguson and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CIVIC CENTER PARK MISTING SYSTEMS (CONTRACT NO. C23160). Mr. Ortega noted the staff report and recommendation in the packets. Councilmember Benson moved to, by Minute Motion: 1) Award the subject contract to Microcool Outdoor Cooling Systems, Inc., Thousand Palms, California, in the amount of $50,873.60 and appropriate said funds from Parks and Recreation Fund No. 430, and authorize the Mayor to execute said contract; 2) authorize a 15% contingency for the project in the amount of $7,631.04. Motion was seconded by Kelly and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF A ONE-YEAR CONTRACT FOR INTERACTIVE MARKETING AND WEBSITE CONSULTANT (CONTRACT NO. C23180). Mr. Ortega noted the staff report and recommendation in the packets. Councilman Ferguson asked whether this consultant would tie all of the City's websites into one domain name so that a person could click on 12 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 something that says "Palm Desert" and get the Sheriff's Department, Art In Public Places, Marketing, E-Government, etc. He added that they could still have their stand-alone addresses as well. Mrs. Gilligan stated that this was something the consultant could be directed to do. MS. KIMBERLY SHANNON stated that this could certainly be done. The reason it had not been done in the past was because each of the sites was directed to a different audience. Councilman Ferguson moved to, by Minute Motion: 1) Approve staffs recommendation and authorize the Mayor to execute the subject one-year contract with Kimberly Shannon, Tempe, Arizona; 2) appropriate $66,000 to the Information Systems Budget, Account No. 110-4190-415-3091, for this purpose. Motion was seconded by Crites and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF THE OPERATION AND MAINTENANCE AGREEMENT FOR THE PALM DESERT COUNTRY CLUB GOLF COURSE AND ASSOCIATED IMPROVEMENTS (CONTRACT NO. C23190). Mr. Ortega noted the staff report and recommendation in the packets. Upon question by Councilmember Benson, Mr. McCarthy responded that this particular item would not address the complaints received that nothing is being done; however, this was one of the conditions precedent to perfecting the development agreement that would let them proceed. He said that with Council's approval, they would have a completed development agreement and would begin their process. He added that it was also his understanding they were trying to close escrow this month, and this was something that was needed in order to get that done. Mr. Croy added that Code Enforcement was actively working with the current owner, and they had abated several issues that had been raised by the citizens in that area, although there were still a few outstanding items they were continuing to work on. Councilman Ferguson moved to, by Minute Motion, approve the proposed Operation and Maintenance Agreement with PDCC Golf Course Operations, LLC, and authorize the Mayor to execute same. Motion was seconded by Kelly and carried by a 5-0 vote. 13 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 D. INTRODUCTION OF ORDINANCES FOR EXTENDING REDEVELOPMENT PLANS FOR PROJECT AREA NOS. 1, 2, 3, AND 4, PURSUANT TO SB1045. Mr. Ortega noted the staff report and recommendations in the packets. Councilman Ferguson moved to waive further reading and pass to second reading: 1) Ordinance No. 1082 - amending certain time limitations with respect to the Redevelopment Plan for Project Area No. 1, As Amended, pursuant to Health and Safety Code Section 33333.6; 2) Ordinance No. 1083 - amending certain time limitations with respect to the Redevelopment Plan for Project Area No. 2, pursuant to Health and Safety Code Section 33333.6; 3) Ordinance No. 1084 - amending certain time limitations with respect to the Redevelopment Plan for Project Area No. 3, pursuant to Health and Safety Code Section 33333.6; 4) Ordinance No. 1085 - amending certain time limitations with respect to the Redevelopment Plan for Project Area No. 4, pursuant to Health and Safety Code Section 33333.6. Motion was seconded by Kelly and carried by a 5-0 vote. E. REQUEST FOR APPROVAL OF DEPOSIT AND REIMBURSEMENT AGREEMENT WITH PONDEROSA HOMES II, INC., FOR COSTS ASSOCIATED WITH THE FORMATION OF AN ASSESSMENT DISTRICT (CONTRACT NO. C23200). Mr. Ortega reviewed the staff report and recommendation, emphasizing that this action did not approve an assessment district; it provided for acceptance of a deposit and started the process. It would all come back to the City Council in the future. Responding to question, Redevelopment & Housing Finance Manager Dennis Coleman answered that the participants in the assessment district were benefited with tax exempt financing for construction of certain infrastructure improvements, but it would be offset by the prevailing wage requirement. The City's benefit in entering into this agreement was the coordinated effort for design of improvements to be made and the resulting construction in this area of the City, with one entity, such as MSA Consulting (Mainiero Smith), overseeing it. He added that the projects to be included would be Sares Regis, Lowe's Home Improvement, Ponderosa Homes, Rilington Communities, MacLeod, and Noble, and the improvements included storm drains, sewer, water, and streets. Further, he responded landscaping was not included. Councilman Ferguson moved to, by Minute Motion, approve the subject Deposit and Reimbursement Agreement between Ponderosa Homes II, Inc., and the City of Palm Desert. Motion was seconded by Kelly and carried by a 5-0 vote. 14 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 F. REPORT ON RESIDENTS' CONCERN FOR NOISE MITIGATION IN THE AREA OF REGENCY PALMS ESTATES, REGENCY ESTATES, AND PALM VALLEY COUNTRY CLUB. Councilman Kelly moved to, by Minute Motion, continue to the meeting of December 9, 2004, in order for staff to continue performing the necessary research. Motion was seconded by Benson and carried by a 5-0 vote. XV. CONTINUED BUSINESS A. ORDINANCE NO. 1072 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING AND REPLACING ITS ORDINANCE NO. 855, AND ESTABLISHING A NEW PERSONNEL SYSTEM AS CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE (Continued from the meetings of August 26, September 23, October 14, and October 28, 2004). Mr. Ortega noted the staff report and recommendation in the packets. Interim Director of Human Resources Duane Munson reviewed the staff report in detail and offered to answer any questions. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 1072 as amended. Motion was seconded by Kelly and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF FINANCIAL ASSISTANCE FOR FACADE IMPROVEMENTS TO A 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, and October 28, 2004). Mayor Spiegel and Councilman Ferguson excused themselves from the meeting during discussion and action on this item. Sr. Construction Contract Administrator Bryce White reviewed the staff report and recommendation, noting that the applicant was requesting additional funds to improve both sides of the property (streetfront facade and parking lot frontage). He added that staff had recently met with two Councilmembers to discuss the Facade Enhancement Program and would be coming back at the next meeting on December 9, 2004, with recommendations concerning the overall program. He offered to answer any questions and noted that the applicant, Mr. James Chester, was also present. 15 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 Councilman Kelly stated that a lot of work had been done on this property, and he asked what the actual costs were for the facade work, both front and back. Mr. White responded that the estimated costs were $160,000 for both sides. He added that this was the outside portion, and the applicants had also repaired the fire damage to the inside with insurance funds and their own funds. Upon further question by Councilman Kelly, he said the total project costs would be $510,000 for both inside and out. The applicant was requesting approval of $70,000 from the Facade Enhancement Program in order to do both sides of the property. Councilmember Benson said she was not opposed to doing the inside of the property along there; however, every business from Portola down needed some kind of enhancement, and every business with two frontages was coming in and requesting twice the full amount allowed for facade enhancement. She said the intent of the program was to fix up the front of buildings, and she felt Council needed to decide how to handle these businesses with two sides. Mayor Pro Tem Crites noted that there would be a report provided at the next Council meeting with regard to that issue. Councilmember Benson said she felt this request should be continued to that meeting, and she felt the City needed to have a better policy on how to handle the businesses with two frontages. Councilman Kelly moved to, by Minute Motion, approve assistance for the full amount allowed for streetfront facade, in the amount of $35,000, with the amount of assistance requested for the building's parking lot frontage continued to the meeting of December 9, 2004. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Ferguson and Mayor Spiegel ABSENT. C. UPDATE ON LENNON PLACE/ECLECTIC STREET PARKING (Continued from the meeting of October 28, 2004). Mayor Pro Tem Crites said it appeared to him that there is a parking shortfall throughout this entire area. Mr. Greenwood stated that the reason for the continuance request was that an in-depth parking study had been done, and it was found there is a parking shortage. That helped to identify a reasonable solution that will be brought to Council at the next meeting. 16 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 Mayor Spiegel asked whether the City's COPS program might be able to get involved and help out with enforcement in this area, and Mr. Greenwood responded that this could be considered. Mayor Pro Tem Crites moved to continue this item to the meeting of December 9, 2004. Motion was seconded by Ferguson and carried by a 4-1 vote, with Councilman Kelly ABSENT. XVI. OLD BUSINESS None 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 6,500 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, and October 28, 2004). Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. No testimony was offered. Mayor Pro Tem Crites moved to continue this matter to the meeting of December 9, 2004. Motion was seconded by Ferguson and carried by a 5-0 vote. B. CONSIDERATION OF THE VACATION OF PUBLIC RIGHT-OF-WAY AT THE NORTHEAST CORNER OF FAIRHAVEN DRIVE AND ARBOLEDA AVENUE (Gerard Murphy, Applicant). Mr. Greenwood reviewed the staff report and offered to answer any questions. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, he declared the public hearing closed. Mayor Pro Tem Crites moved to waive further reading and adopt Resolution No. 04-121, vacating the subject public right-of-way. Motion was seconded by Ferguson and carried by a 5-0 vote. 17 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 C. REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO CREATE 33 MASTER LOTS FOR FINANCING/RECONVEYANCE PURPOSES WITHIN THE PALM DESERT COUNTRY CLUB GOLF COURSE AREA Case No. TT 33195 (PDCC Development, LLC, Applicant). Planning Manager Steve Smith reviewed the staff report and recommendation. He noted that staff had circulated to Council yesterday a list of recommended amended conditions as follows: 1) Amend Condition No. 4 by adding "and Development Agreement 04-01"; 2) Add Condition No. 5 to read: "That the open space easement shown on TT 31836 shall be included on the final map as it relates to Lots 3, 5, 6, 8, 10, 12, 15, 16, 17, 19, 21, 24, 27, 28, 30, 31, and 33 of TPM 33195"; 3) Add Condition No. 6 to read: "That Lot 28 of TPM 33195 be relocated to the north pursuant to Condition No. 18 of TT 31836." He offered to answer any questions. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, he declared the public hearing closed. Councilman Ferguson asked for the status of other issues in Palm Desert Country Club about which the Council has been receiving mail. Mr. Ortega stated that the City's Code Enforcement Department had been working with Palm Desert Country Club on current complaints. Mr. Croy added that Code Enforcement had addressed several issues that had been received in writing, and responses would be sent to the complainants shortly with photographs of before and after. He said he had seen six of seven issues resolved, and he knew of two that were outstanding. Staff was continuing to address issues as they come in. Mayor Spiegel said he was more interested in how things will look in five years rather than two weeks from now. He asked if there is anything in the documents that were being signed that would guarantee this area will not "go down the tubes" again. Mr. Ortega responded that the agreement approved by the Council previously on this agenda sets standards for reserve funds and allows the City to go onto the property and verify that it is being maintained. Mr. McCarthy added that it was the longterm owner that had let the property deterioriate, the sale to the new owner was not complete. Therefore, none of the agreements with PDCC were operative yet, but the transfer was expected to occur very soon. Further, he said the new owner/operator of the golf course will covenant to dedicate $1.1 million of operating money to 18 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 maintenance and a percentage of gross revenues toward a capital reserve fund to be used as longterm needs arise. The City has the right to enforce these requirements, and there was a process for determining whether the maintenance budget needs to be increased in the future. If in the future the property is at risk for significant rapid deterioration, he said the City has reserved the right to take the owner/operator to court to cause any deficiencies to be cured. Mayor Pro Tem Crites moved to waive further reading and adopt Resolution No. 04-122, approving Tentative Tract Map No. 33195, subject to conditions, as amended to include the conditions presented at this meeting. Motion was seconded by Kelly and carried by a 5-0 vote. D. CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE, SECTION 25.58.310 (D), CLARIFYING THE OFF- STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES Case No. ZOA 04-02 (City of Palm Desert, Applicant). Mr. Smith reviewed the staff report and offered to answer any questions. Councilman Kelly questioned Use #3 on Page 3 of the staff report regarding one parking space per each two employees. He questioned that ratio for employees of Waste Management and Time Warner Cable and said there was no way there was one car for every two employees. He felt this was something that needed to be resolved, and he was not willing to vote in favor of something he already knew would not work. He said he would also like to see more stringent requirements rather than lowering the requirements. Councilman Ferguson asked if this would apply to new development, and Mr. Smith responded that it did so apply. Councilman Ferguson asked what would happen if a business complied with the two to one ratio and then doubled its employees. Mr. Smith responded that they would need to add more parking. Mayor Pro Tem Crites asked how the City's code would address these types of situations where the number of employees increases over the years from what the original application noted, but the City is not aware of the increases because there is no change to the building structure. Mr. Croy noted that the Building Code covers open area, and it already lays out the occupant Toad per square footage. No permits are required to construct a wall inside an area less than five foot nine; therefore, if cubicles are built inside a structure for extra employees after construction of the building is completed, they are not controlled by anyone. 19 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 Mayor Spiegel stated that the number of employees at Time Wamer had increased greatly since the time when the cable company first came in as Able Cable. In addition to employee vehicles, Time Warner had its own company vehicles. Councilman Kelly said there was another paragraph where it excludes stairways, elevators, and restrooms, and he did not feel anything should be excluded. Mayor Spiegel suggested that this matter be continued and that he and Councilman Kelly work with staff in the meantime to see what needs to be done. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. No testimony was offered. Mayor Pro Tem Crites moved to continue this matter to the meeting of January 13, 2005, with Councilman Kelly and Mayor Spiegel appointed to work with staff on this matter in the meantime. Motion was seconded by Kelly and carried by a 5-0 vote. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. E. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE CHAPTER 25.34.030 (CONDITIONAL USES), TO ADD A PROVISION FOR OUTDOOR SALES OF ARTS, CRAFTS, CLOTHING, GOODS, WARES, AND OTHER MERCHANDISE Case No. ZOA 04-03 (City of Palm Desert, Applicant). Planning Technician Ryan Stendell reviewed the staff report and recommendation and offered to answer any questions. Upon question by Mayor Spiegel regarding how this would preclude a sidewalk sale, he said sidewalk sales were on a case by case basis, and tenants would have to come in for a temporary use permit. Each location was allowed ten such dates per year; whether they chose to use them or not was their decision. This zoning ordinance amendment would allow businesses like the Art Place to display their paintings and sculptures outdoors all the time. Mayor Spiegel said he felt clothing should not be allowed as an approved outdoor sale, and Councilmember Benson agreed. Mr. Stendell stated that approving this zoning ordinance amendment did not mean tenants were automatically granted approval for their outdoor sales; they would still have to file applications for conditional use permits, which would be considered for approval by the Planning Commission. 20 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 Mayor Pro Tem Crites noted that this provision allowing application for conditional use permits was already included in all other zones; it just had not been included in the Service Industrial (SI) zone. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to t his request. With no testimony offered, he declared the public hearing closed. Councilman Ferguson said he had watched the Service Industrial zone develop over the years, and the City had made exception after exception, first for a bank, then for a church, a restaurant, and now a grocery store. He felt the industrial zone was anything but industrial. Typically industrial uses were such that things were assembled or manufactured and then trucked out. These uses did not normally attract customers who came to the location. Given the previous report about parking problems in the industrial area, it seemed to him the City was just adding more incentives to do retail in an industrial zone and attract more folks to come out there. He said he would like to see industrial zones stay industrial and not approach retail. Councilman Kelly agreed and said an industrial zone was turned into a commercial zone, with restaurants, stores, art shops, etc. Councilmember Benson said she did not look to see outside displays all the time, although she did not have a problem with applications for temporary displays. Mr. Smith noted that with the Art Place, this was art that was manufactured on the property, and they display it for merchandising purposes. While it was within the intent of the code, there was currently no provision to process such an application. Councilman Ferguson said he assumed there was a reason why it was not included in the industrial zone. He said it seemed to him that any smart businessman would pay lesser rent in an industrial zone than in a commercial zone. He said it was difficult for him philosophically to take another step toward making the City's Service Industrial zone more retail due to allowance of outdoor sales. He agreed with Councilmember Benson's comment relative to allowing it on a temporary use permit basis, but he did not feel it should be made a permanent part of the City's code that it is a blanket entitlement 365 days a year. Mr. Smith added that it was not a blanket entitlement. Applications for conditional use permits would have be filed and approved by Planning Commission. He said it was only a blanket entitlement if the Planning Commission approves and Council concurs. Upon question by 21 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 Mayor Spiegel as to whether the Art Place would come to the City every time they want to put a piece of art out there, Mr. Smith responded that they would designate areas where the art may be placed. The individual tenant/office at that space would be able to put a piece of art in the designated area. Upon question by Councilman Ferguson, Mr. Smith responded that the owner was having difficulties with the tenants placing art all over the place, and the idea of this application was to have designated areas where each tenant could place art should they choose to do so. Mayor Spiegel suggested that the wording of the amendment be changed to read: "Outdoor sales of art" rather than including, crafts, clothing, goods, wares, and other merchandise as proposed by staff. Mr. Smith added that this language had come from the original code amendment done for the College of the Desert Street Fair, which then applied to the commercial districts. Mayor Pro Tem Crites agreed with Mayor Spiegel but suggested a proviso that any such application could not be considered if it reduces parking. Mayor Spiegel agreed. Mayor Pro Tem Crites moved to waive further reading and pass Ordinance No. 1087 to second reading, with the following amendment: Allow as a conditional use in the Service Industrial Area display of art, provided that such display does not impact amount of parking available on the property. Motion was seconded by Benson and carried by a 3-2 vote, with Councilmen Ferguson and Kelly voting NO. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None 22 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: NOVEMBER 18, 2004 1. Councilmember Benson asked the City Attorney to bring back to the City Council a draft policy regarding receipt of funds that preclude an elected or appointed official from voting on an issue. She said LAFCO (Local Agency Formation Commission) had a policy that stated if a voting member had received more than $250 on an item being considered, that member had to abstain. Additionally, she'd also like to incorporate a policy that specifies how many abstentions a voting member can exercise in the course of the legislative body's business before that member becomes ineffective, particularly on the Planning Commission. 2. Councilman Kelly was appreciative for the project update he'd just received from Public Works. However, he was concerned over some of the time lines stated — for instance, the Portola Bridge project reflected it was some three and a half years from completion. Mr. Greenwood responded that the numbers were "worst case" scenarios, and that project was actually proceeding on the "fast track." He said staff hoped design for the Portola Bridge would be completed by Spring 2005, with construction to commence in Summer 2005. 3. Councilman Ferguson noted that the City Council had recently been appointing several ad hoc committees for various purposes. Particularly, he wondered what the "Alamo" Wall Committee had done in looking at zero lot line walls in front yards of residential neighborhoods. Councilman Kelly agreed that it was an issue that needed attention. o City Council Committee Reports: 1. Riverside County Library Desert Zone Advisory Meeting — Councilmember Benson said she'd recently attended the Zone Meeting and was pleased to report: • College of the Desert Library would remain open for the hours of 8:00 a.m. to 5:00 p.m. Monday through Thursday during the College's break. 23 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 • County imposed a Library Mitigation Fee of $300 per new home beginning in October and had already collected over $600,000, which is being expended for materials throughout the District; the fund was expected to grow. • On November 29-30, County Library Officials will be meeting in Sacramento on a bonding issue from which they're trying to secure funding for a new library in Thousand Palms. If their effort proves unsuccessful, Supervisor Wilson has promised to find local funds for this purpose. • County Library System now belongs to the Inland Library Network, a partnership with the San Bemardino County Library System, which now offers Riverside County Library cardholders access to 2.2 million books to choose from, and it can be done through the Internet for delivery to the Palm Desert Library. This partnership was made possible through State grant funds. She had asked staff to provide each Councilmember with a brochure on this new program. • Desert Library Zone Manager Barbara Bowie was working to initiate the "One Book, One Community" program, which had been started originally in Palm Springs. It was a collaborative program with the school districts where students and teachers all read the same book and then offer comment, bringing the community together. 2. CVAG Energy & Environment Committee — Mayor Pro Tem Crites reported: • Provided City Attorney with the draft Coachella Valley Conservation Commission guidelines for the formation of a Joint Powers Authority, which would administer the Habitat Conservation Plan, if approved. • At the City Council's December meeting, there would be a request for funding for the Red Imported Fire Ant Program for the next six months until the Coachella Valley Mosquito and Vector Control District can get their funding and assessment district. The cities of Rancho Mirage and Indian Wells were supportive of it; although, Palm Springs has the majority of the infestation problem and did not plan to do anything. • For the first time ever, the Committee declared several positions on the E & E Committee vacant for lack of attendance; City of Palm Springs has not attended for nearly a year, and two tribes, the Cabazon and Torres Martinez, positions were also declared vacant. The Agua Caliente's position was one meeting from being declared vacant. Asked Executive Director Wohlmuth to poll the other committees, and noted that both the Torres Martinez and the Cabazons were 24 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 equally absent in the CVAG Committees chaired by Mayor Spiegel and Councilmember Benson. Mayor Pro Tem Crites believed CVAG's Executive Committee should consider how it administers membership requirements — if members can merely attend Executive Committee or also be required to participate on the related advisory committees and in what manner each member is represented (by elected official or staff member). He said the Agua Caliente tribe was active on the Transportation Committee, but it was the only tribe and the only other committee, noting that Blythe representatives were especially active and drove two hours to do so. City Councilmembers concurred that membership representation should be discussed by CVAG's Executive Committee. There would also be a Special Energy & Environment Committee Meeting on November 29 for the following items of business in hopes the resulting recommendations could be forwarded onto the Executive Committee for its December meeting. • A final look at the model construction and demolition debris ordinance for the Valley, which will divert as much as 50% of such refuse away from landfills and into recycling programs. The City's own Bob Kohn had been instrumental in drafting this document, and the BIA (Building & Industry Association) supported it. • Consider supporting the alternative that has been endorsed by the Salton Sea Authority, and try to get State monies for it. • Waste Management will be in attendance to discuss the options selected on pyrolysis, an effort to remove about 300 tons/day out of the waste stream on its way to the new Edom Hill Transfer Station. The waste will be composted and will receive diversion credit, and the Committee will review blended rates for cities. Mayor Spiegel remarked that the renovation of Washington Charter School was set to begin soon, and he wondered how that construction and demolition debris would be handled. Mayor Pro Tem Crites said staff should consider expediting the City's consideration of the model construction debris ordinance by early January. He said the Washington Charter School Project could then be used as a model project for recycling. 25 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 3. League of California Cities - Riverside Division — Councilman Kelly said he recently attended the Riverside Division's bimonthly meeting where California Attorney General Bill Lockyer spoke. He observed that in addition to the excellent training it has always provided, the Proposition 1A negotiation with the Governor was the first real success enjoyed by the League of California Cities. 4. Cove Commission — Councilman Ferguson commented that everyone had probably already seen it in the newspaper today; but at yesterday's Cove Commission Meeting held in Palm Desert, where he and Councilman Kelly were representatives, Rancho Mirage asked if Palm Desert would conceptually approve giving $11 million for their pool facility and park, along with the Cities of Indian Wells and Rancho Mirage. He said in almost every formula considered, Palm Desert ends up picking up about half the cost, and Palm Desert Cove Commission representatives observed: a) Palm Desert's entire City Council had never been approached about such a project; therefore, representatives were not in a position to provide even conceptual endorsement; b) the City had received a letter from the YMCA Board's President-elect, indicating that they'd been in discussions with Cal State; c) in talking with the President- elect, he was asked why Palm Desert was being put in a position of having to choose between a Palm Desert or a Rancho Mirage site, and why the City hadn't been approached by either Cal State, Rancho Mirage, or the YMCA. The answer given was that the current YMCA Board President favored the Rancho Mirage altemative, yet the President-elect said the Board favored working with Cal State, partially because of utility issues, and also for partnering for child care services on the campus. Therefore, the Technical Advisory Committee and Mr. Ortega were asked to sit down with the YMCA and with Cal State to inquire about the potential, and if positively received, the proposal should be brought back to the City Council. Therefore, no action was taken on the pool contribution question, and they were following up on at least two Palm Desert institutions that were interested in the project. Mayor Pro Tem Crites recalled that during the recent school district boundary issue, Rancho Mirage was offended that Palm Desert had not approached it first before making a public proposal. 26 MINUTES ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 Mayor Spiegel pointed out that the City had already committed $500,000 to the College of the Desert pool, although COD had changed its plans and will be using some of its bond funds to renovate and expand its existing facility, making for a longer process. But he felt looking at Cal State and the proposed Rancho Mirage site in comparison with where the majority of Palm Desert residents live, the COD alternative seemed more centrally located for residents' use. o City Council Comments: 1. City Council Liaison Reports. a) Palm Desert High School - Mayor Spiegel said he was at the High School yesterday, and he had two comments. First, Aztec Way was wonderful and allowed him to make a speedy departure. Second, he was at the school to support the program begun by Westfield Shoppingtown's General Manager Norine Bowen. She teaches juniors and seniors how to fill out an application, how to write a resume, and how to be interviewed. He said there were about 12 students participating, and along with Norine, Macy's Employment Manager was there interviewing for holiday seasonal employees. He said it was a great program, the students had benefited tremendously, and it certainly was confirmation of Ms. Bowen's receipt of the 2004 ATHENA Award. XIX. ADJOURNMENT Upon motion by Ferguson, second by Crites, and unanimous vote of the Agency Board, Chairman Spiegel adjourned the meeting at 6:12 p.m. ATTEST: 41-1111.-P 0144% RA ELLE D. KLASSE , CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIE = EL, 27